Sergeant DAVIDSON'S recommended to learn for Sum 2 topics. Flashcards
Describe Section 109 of the Mental Health Act 1992.
Police powers in relation to person appearing to be mentally disordered in public place.
(1) If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so
(a) Take that person to a Police station, hospital, or surgery, or to some other appropriate place; and
(b) Arrange for a medical practitioner to examine the person at that place as soon as practicable.
2. If the medical practitioner clears the patient they shale be released forthwith.
5. Detention of a patient shale last no more than 6 hours or the time it takes to conduct the assessment examination, whichever is shorter.
Describe Section 110C of the Mental Health Act 1992
Powers of Police when urgent assistance required.
(1) A constable called to the assistance of a medical practitioner.
(a) may enter the premises where the person or proposed patient is and,
(b) must if not in uniform produce I.D. to the occupier.
(2) A constable who enters the premises under (1) may (a) detain the patient or person at the request of the medical practitioner.
(b) take the patient or person to another place advised by the medical practitioner and detain there.
(3) Detentions shale last no longer than 6 hours or the time it take to conduct a medical examination, administer a sedative drug or conduct an assessment examination, whichever is shorter.
Describe Section 41 of the Mental Health Act 1992
Police assistance of a Duly Appointed Officer (employees of mental health services appointed as DAO)
Pretty much the same as 109 and 110C. Constables need to assist these people the same way they assist medical practitioners in these circumstances.
Describe a Restricted Patient
These are patients who are subject to a compulsory treatment order but are
considered to present a danger to the public.
Describe a Special patient
These are patients who are detained by way of a court order if they are found
to be criminally insane or unfit to plead. The category also includes people
on remand for a psychiatric report.
What power may you use to stop someone you believe is suffering from a mental illness and should not be driving?
Section 121 LTA, FARMED
Who issues a Protection Order?
The Courts.
How long before a Temporary Protection Order becomes permanent if not challenged?
3 Months.
Describe “applicant” in regards to a protection order.
The person who is applying for the Protection order (victim). The person who is at risk from another.
Describe “Respondent” in regards to a protection order
The person of whom the Protection order is being served against.
What are the 3 standard conditions of a Protection Order?
- No Violence of any kind, including encouraging anyone else to be violent towards the applicant.
- Where parties are not living in the same dwelling house. They must not make any contact with the protected person (whether by
telephone, electronic message, correspondence or
otherwise) unless it is reasonably necessary in an
emergency, or is permitted under a custody or access
order, or under a special condition. They must also not loiter in or around any place where the applicant is known to frequent. e.g. where the applicant works or where the applicants children attend school. - No weapons.
Under section 21, the respondent must:
• as soon as practicable after they are served with the copy of the protection
order, but in any case no later than 24 hours after such service and
• on demand made, at any time, by any member of the police surrender to a
member of the police;
• any weapon in the respondent’s possession or under the respondent’s control and
• any firearms licence held by the respondent.
Firearms licences held by the respondent are deemed to be:
• suspended when a temporary protection order is issued and
• revoked when a protection order becomes a final order.
What is the penalty for attempts offence?
Half the length for the offence they attempted to carry out. e.g. Burglary attempt would be max 5 years imprisonment.
What is the penalty for parties to an offence?
Same as the offence they were party to.
Under parties to offences describe “Procures”
Obtains, acquires or brings about
Example: Pete wants a stereo from The Warehouse. He asks Anton to steal it for him
Under parties to offences describe “Counsels”
Gives advice, instigates or plans
Example: (R v Baker) Baker wrote a letter to a friend telling him how to blow a safe. Baker was convicted of actually blowing the safe.
Under parties to offences describe “Incites”
Urges on or stirs up
Example: Pete yells at Sam “Oi punch him in the plums, bro!!”.
Under parties to offences describe “Abets”
Encourages or assists
Example: Pete gives Wiremu a taiaha to hit Jason.
Under parties to offences describe “Aids”
Helps; gives actual assistance in the commission of the offence
Example: the ‘lookout’ at a burglary
Flow chart for parties to offence
Procures
Counsels —> Abets —> Aids
Incites
What can the courts do if someone contravenes a PSO?
Reissue the same PSO
Issue a new PSO
Issue a protection order.
Do nothing.
Describe person at risk in a PSO.
The person of which the PSO is there to protect.
Describe the “bound person” in a PSO
The person of whom the PSO is taken out against.
What is the longest a PSO can go for?
5 Days
How long do police have to issue a PSO?
48 Hours
How long can someone be detained for to issue a PSO
2 Hours
When must firearms licenses and firearms be surrendered upon a PSO being issued?
Immediately
What are the elements of Possession of offensive weapons or disabling substances in a public place?
Crimes Act 1961 Section 202A(4)(a)
Without lawful authority or reasonable excuse.
Has with him or her.
In any public place.
Any knife OR any offensive weapon OR any disabling substance.
What are the elements of Possession of offensive weapons or disabling substances in any place?
Crimes Act 1961 Section 202A(4)(b)
Has in his or her possession.
In any place.
Any offensive weapon OR any disabling substance
In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.
What is a disabling substance?
Means any anaesthetising or other substance produced for use for disabling persons, or intended by any person having it with him or her for such use.
What is the definition of an offensive weapon in a public place?
Means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.
What is the definition of an offensive weapon in any place?
Means any article capable of being used for causing bodily injury.
What sections under the Search and Surveillance Act 2012 can we use to search for offensive weapons.
Section 27
Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected.
Section 28
Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
What are the two types of sexual violation?
- Sexual violation by Rape
2. Sexual violation by Unlawful Sexual Connection.
What are the elements for Indecent Assault?
Section 135
Indecently
Assaults
Another person.
What are the elements for Indecent Act in a public place?
Section 125
Anyone who wilfully does any indecent act.
In any place
To which the public have or are permitted to have access
Or within view of any such place.
What are the elements for Indecent Act with Intent to Insult OR Offend?
Section 126
With intent to insult or offend
Any person
Does any indecent act
In any place
.
What are the elements for indecent exposure?
In or within view of any public place
Intentionally and Obscenely
Exposes any part of his or her genitals.
Define Consent
“Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.”
What are the type of firearms license categories?
A: Full licence for the possession and use of conventional firearms (not pistols, restricted weapons or MSSAs)
B: Pistols, providing the owner is a member of a pistol club
C: Collections, restricted weapons and use of weapons in theatrical performances
D: Firearms dealers
E: Military style semi-automatic firearms
How often do you need to renew a firearms license?
Every 10 Years
How long have you got to update your address if you move, on your firearms license?
30 days
How long do you have to produce your firearms license if asked?
7 days
Define section 66 of the Arms Act
Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein
For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive, unless he proves that it was not his property and that it was in the possession of some other person.
What age are you allowed to own a air gun?
Between 16-18 with a firearms license and the permission of your legal guardian.
18 plus with or without firearms license
What are the elements of Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Restricted Weapon OR Explosive?
Except for some lawful proper and sufficient purpose
Carries OR Is in possession of
Firearm OR Airgun OR Pistol OR Restricted Weapon OR Explosives
What are the elements of Carrying an imitation firearm?
Except for some lawful proper and sufficient purpose
Carries
An imitation firearm
What are the elements for Discharging firearm OR air gun OR pistol OR restricted weapon in or near a dwelling house OR public place?
Without reasonable cause
Discharges
A Firearm OR Air gun OR Pistol OR Restricted weapon
In or near a dwelling house
OR
In or near a public place
So as to endanger property OR So as to endanger any person OR So as to annoy any person OR So as to frighten any person
What are the elements for Presenting a Firearm?
Except for some lawful and sufficient purpose
Presents
Firearm OR Air gun OR pistol OR Any restricted weapon
At another person
What are the elements for presents anything?
Except for some lawful and sufficient purpose
Presents
At any other person
Anything
In the circumstances, is likely to lead that person to believe that it is a
Firearm OR Air gun OR Pistol OR Restricted weapon
Define Section 40 of The Arms Act 1983
(1) Every person in possession of any firearm, airgun, pistol, or restricted weapon shall, on demand, give his full name, address, and date of birth to any member of the Police who is in uniform or who produces evidence that he is a member of the Police.
(2) If any person refuses to give those details the police may
(a) caution that person; and
(b) if that person continues to refuse police may arrest that person without warrant.
(3) Max penalty
3 months in imprisonment AND/OR $1000 fine.
Describe presumption for supply (drugs)
The following amounts are regarded as an indication of “possession for
supply”
- 0.5g of cocaine or heroin
- 5g of morphine
- 5g of methamphetamine
- 56g of other controlled drug
- 100 cannabis cigarettes
- 28g of cannabis.
Possession of these drugs alone is not generally enough to prove a presumption for supply, you must also have supporting evidence, eg utensils, tick book etc
What do you need
to prove for a
prima facie
case?
Possession
Knowledge
Usable Quantity
What are the elements for Possession OR Use of Controlled Drugs?
Procure OR Possess OR Consume OR Smoke OR Otherwise use
Any controlled drug
What are the elements of cultivation of prohibited plants?
Cultivates
A prohibited plant
What are the elements of Permits use of Premises OR Permits use of vehicle?
Knowingly permits
Any premises OR Any vehicle OR Other mode of conveyance
To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
What are the elements of possession of instrument (pipe or utensils)?
Has in his possession
Any pipe
Or
Any Utensils
For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
What are the elements of possession of instruments (syringe or needle)?
Has in his possession
Any syringe
OR
Any Needle
For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
What are the elements for possession of equipment, material, substances?
Has in his possession
Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant.
OR
Any precursor substance.
With intent to use it for producing/manufacturing/cultivating a controlled drug
What are the deaths that need to be reported to the coroner?
Self inflicted deaths (suicide) Causes unknown Unnatural deaths Medical and surgical deaths Birth deaths (including mothers that die giving birth) Institutional deaths Enactment deaths (eg corrections act)
Define the first purpose of the three purposes of a coroners inquiry
- The fact that a person has died (COR31)
- The identity of the deceased. (POL265A)
- The cause of death (Pathologist’s report)
- Where and when the death occurred (POL47 or 47A)
- The circumstances of the death (Statements, job sheets, depositions).
What are the three deaths that require an inquest?
- Self inflicted (suicide).
- Any institutional deaths.
- Any death in which the coroner is not satisfied that the cause or the circumstances of the death have been clearly established.
