Ses 2 Final Law and Pol Flashcards
Crimes Act s.61
Common assault prosecuted by indictment (The accused, assaulted, a person) Can include spitting, an unlawful arrest, excessive force, threats.
Crimes Act s.59
Assault occasioning actual bodily harm (The accused, assaulted, a person, occasioning actual bodily harm).
Crimes Act s.35
Reckless grievous bodily harm or wounding
Crimes Act s.33
Wounding or grievous bodily harm with intent
Crimes Act s.37
Choking, suffocation and strangulation
Summary Offences Act s.11A
Violent Disorder (3 or more persons using or threatening unlawful violence).
Crimes Act s.93C
Affray (The accused used or threatened to use unlawful violence towards another person, the conduct of the accused was such as would cause a person of reasonable firmness present at the scene to fear for his/her personal safety). 1 or more, against a person only, on public or private property.
Crimes Act s.93B
Riot (12 or more persons present together, used or threatened to use unlawful violence for a common purpose, Their conduct taken together was such that it would cause a person of reasonable firmness present at the scene to fear for his/her safety).
Crimes Act s.61i
Sexual assault
Firearms Act 1996 s.23
Suspension of licence on making of interim apprehended violence order - automatically.
Firearms Act 1996 s.25
Surrender and seizure of firearms when licence suspended or revoked.
Crimes Act s.66A
Sexual intercourse - Child under 10.
Children and Young Persons (Care and Protection) Act s.27
Mandatory reporting.
Children and Young Persons (Care and Protection) Act s.23
Child or young person at risk of significant harm.
Children and Young Persons (Care and Protection) Act s.43
Removal of children and young persons without warrant
Crimes Act s.43B
Failure to reduce or remove risk of child becoming victim of child abuse.
Cycle of Violence
Build up phase Standover phase Explosion Remorse phase Pursuit phase Honeymoon phase.
Power and Control Wheel
Using intimidation Using emotional abuse Using isolation Minimising Denying and blaming Using children Using male privilege Using economic abuse Using coercion and threats.
Personal Violence
Offences
IBADGASO
Intimate images Breach of Avo All manners of assaults Damage to property Gun related offences Attempts at these offences Stalking, intimidation and harassment Other offences
Domestic Relationship
MISSDORA
Married or has been, Intimate relationship Same household Same residential facility De Facto Ongoing dependance Related Aboriginal or Torres Straight islander
DVSAT part A
25 risk identifying questions, underlying themes are; the background of the offender/partner, the threat of violence, the dynamics of the specific relationship. The presence of children and sexual behaviours/assault.
DVSAT part B
Captures information such as level of fear felt by the victim.
Two threat levels, at threat or serious threat, serious threat is if 12 or more yes in part a or police professional judgement, meeting the NSWPF standard for repeat victimisation.
Law Enforcement (Powers and Responsibilities) Act 2002 s.82
Entry by invitation
Law Enforcement (Powers and Responsibilities) Act 2002 s.9
Power to enter in emergencies
Crimes (Domestic and Personal Violence) Act 2007 s.14
Offence of contravening apprehended violence order - Knowingly meaning police must prove the service of order.
What information must be included on AVO’s
GPFIRE
General history of children, violence or abuse.
Previous avo’s.
Future fears for police and the victim.
Issues relating to; family law, drugs and alcohol, firearms and other weapons.
Relationship with the victim.
Examples of violence used. Most recent and most serious.
What orders are mandatory in every AVO?
You must not assault
Threaten, stalk, harass, intimidate them
Intentionally or recklessly destroy or damage their property.
Crimes (Domestic and Personal Violence) Act 2007 s.37
Ancillary property recovery orders may be made - meaning entering and recovering property from the house in which the offender lives. Must be done in presence of an officer at an arranged time.
Crimes (Domestic and Personal Violence) Act 2007 s.28A
Making of provisional order by senior police officer.
Dynamics of Domestic Violence VIP SPECS
Verbal insults Imitation Psychological abuse Sexual abuse Physical abuse Economic deprivation Coercive control Social Isolation
Crimes Act 61KC
Sexual Touching
Crimes Act 61KE
Sexual Act