Session Two Law Policy Flashcards

Question 1

Q

61HB Meaning of “sexual touching”

Answer

A

(1) For the purposes of this Division, sexual touching means a person touching another person—
(a) with any part of the body or with anything else, or
(b) through anything, including anything worn by the person doing the touching or by the person being touched,

in circumstances where a reasonable person would consider the touching to be sexual.

Question 2

Q

Jack finds a wallet containing an ATM card and PIN that is not theirs. Jack then goes to an ATM and uses the card and PIN to withdraw $500 in cash. What are the elements of the offence?

_____________________________________________________
_____________________________________________________
Dishonestly _______________________________________________________

Answer

A

Accused
Uses a deception
Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage.

Question 3

Q

What Section gives Police the Power to enter to arrest or detain someone or execute warrant

Answer

A

Section 10, Law Enforcement (Powers & Responsibilities) Act

A police officer may enter and stay for a reasonable time on premises to arrest a person, or detain a person under an Act, or arrest a person named in a warrant.

However, the police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.

A police officer who enters premises under this section may search the premises for the person.

Question 4

Q

Act & Section for Common Assault prosecuted by indictment + Elements of the offence

Answer

A

Section 61, Crimes Act – (Indictable offence)

The accused
Assaulted
Intentionally or recklessly
Without consent
Without lawful excuse
A person

Question 5

Q

Any act committed either ___________ or ________ that threatens another person with _________ and _______ violence. It is not necessary for _____ _______harm to be inflicted.

The actions of the accused must ______ a reasonable ___________ of immediate _______ _______ violence in the _____ of the _____

Answer

A

Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence. It is not necessary for actual physical harm to be inflicted.

The actions of the accused must arouse a reasonable apprehension of immediate unlawful physical violence in the mind of the victim

Question 6

Q

Tom works at Big W. Tom takes $20 from the till and spends it on food in his lunch
break. Whilst on his break, Tom withdraws $20 from his bank account and when he returns to work, puts it back in its place in the till. The offence is:

Answer

A

The offence is:
Crimes act s.156 Larceny by clerk or servant - even though Tom returned an equivalent amount, there is no defence of having intent to return the property

Question 7

Q

The information included in AVO’s application,

Answer

A

General history (children, violence and types of abuse)
Specific examples of violence (most recent and serious)
Previous orders
Issues with relationships, metal health
Fears of police/PINOP

Question 8

Q

Circumstances of aggravation for sexual touching?

Answer

A

Alleged offender is in the company of another person or persons, or
The alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender
The alleged victim has a serious physical disorder
The alleged victim has a cognitive impairment

Question 9

Q

Aggravated sexual touching Act & Section and Elements of the offence

Answer

A

Section 61KD, Crimes Act

The accused
Sexually touches the victim
Without the consent of the alleged victim
Knowing the victim does not consent
In circumstances of aggravation

Question 10

Q

What is a Interim AVO

Answer

A

An order made by the court when a person is charged with an offence that appears to the court to be a serious offence
In force until revoked or a final order AVO has been made
Temporary order
Serious offences : Attempted murder, DV offence, etc (CDPVA 2007, S.40)

Question 11

Q

What are the elements of larceny?

_______
Without consent
_______
Without legal claim of right
_______
Belonging to another
_______

Answer

A

The accused
Without consent
Fraudulently
Without legal claim of right
Taking and carrying away property (the property must be of value)
Belonging to another
Intent to permanently deprive

Question 12

Q

What are the elements of persons unlawfully in possession of property (goods in custody)?
1. ______________________
• has any thing in his or her _____________.
• has any thing in the ___________________________.
• has any thing ____________________, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
• _____ _____ of any thing to a person who is not lawfully entitled to possession of the thing,
2. And the thing may be ___________________________________________.
Police do not have to prove the goods in the _____ of the accused were ______

Answer

A

What are the elements of persons unlawfully in possession of property (goods in
custody)?
1. the accused;
• has any thing in his or her custody,
• has any thing in the custody of another person,
• has any thing in or on-premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
• gives custody of any thing to a person who is not lawfully entitled to possession of the thing,
2. the thing may be reasonably suspected of being stolen or otherwise unlawfully obtained.

Police do not have to prove the goods in the custody of the accused were stolen

Question 13

Q

Explain LEPRA 2002, S.87 – DV search and seizure powers

Answer

A

“87 LOOK FOR THE WEAPON”

Police who enter a dwelling under this act may search, seize and detain, so long as the article/implement is located within the dwelling and currently was previously or may be used to commit a DV offence:
Dangerous article
Dangerous implement

Question 14

Q

What are the elements of stealing property in a dwelling house?

Crimes act s.___

_____________________
S__________
P_____________
In a ____________ and ___________ out of such dwelling-house.

Answer

A

What are the elements of stealing property in a dwelling house?

Crimes act s.148

The accused
Steals
Property
In a dwelling-house and carries it out of such dwelling-house

Question 15

Q

What are the elements of Crimes Act 1900 (NSW), Section 154F Stealing motor vehicle, vessel or trailer?

Answer

A

Elements

Accused
Steals: elements of larceny
Motor vehicle, vessel or trailer.

Question 16

Q

What is actual breaking (for entering any house)?

Answer

A

Actual breaking

Actual breaking involves the breaking of the seal, interfering with the physical security of the dwelling-house or other building.

Examples of actual breaking

Smashing or jemmying open a window or door
Opening a window or door that is closed - they do not need to be locked
Removing tiles from a roof
Opening a cellar door held down by its own weight
Opening an interior door - not a cupboard
Flicking the latch or chain off an otherwise partially opened window or door.

Question 17

Q

What is the offence creating Section for Common assault and other actions against police officers

Answer

A

Section 60, Crimes Act

Question 18

Q

What are the elements of receiving stolen property where stealing is a serious
indictable offence?

Crimes act s.__
1. _____________________
2. _____,____________________,______________ stolen property
3. the ______________ amounts to a __________________________________.
4. the accused knew the property was ____________ at the time they
__________________________________________________________________.

Answer

A

Crimes act s.188

the accused
receives, disposes of, or attempts to dispose of stolen property
the stealing amounts to a serious indictable offence
the accused knew the property was stolen at the time they received, disposed of, or
attempted to dispose of it

Question 19

Q

First response duties for sexual assaults?

D
R
E
A
L
P
I
N
E

Answer

A

Duty officer and supervisor to be notified
Respectful and supportive of the victim
Ensure the victim’s immediate safety
Assess and attend to urgent medical needs including Sexual Assault Investigation Kit (SAIK) and/or Early Evidence Kit (EEK)
Liaise with criminal investigation staff
Privacy of the victim
Identify and secure any primary/secondary crime scene and/or other forensic evidence
Notebook Entry
Encourage the victim not to change

Question 20

Q

What are the elements to larceny?

The accused
_____
Fraudulently
_____
Taking and carrying away property (the property must be of value)
_____
Intent to permanently deprive

Answer

A

The accused
Without consent
Fraudulently
Without legal claim of right
Taking and carrying away property (the property must be of value)
Belonging to another
Intent to permanently deprive

Question 21

Q

What is Larceny by bailee Crimes Act 1900 (NSW), Section 125?

Include the elements

Answer

A

This offence requires an agreement (bailment) between two parties - the Bailor and the Bailee. When the Bailee in some way breaches the agreement, the offence of Larceny by Bailee has been committed.

A Bailee is a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership.

There is an agreement/bailment that the property be in the possession of the Bailee for a particular purpose only.

Elements

Accused
Possesses property as a bailee
Takes or converts property to their own use or the use of another
Acts fraudulently (dishonestly)

Question 22

Q

What are the elements of Affray?

Answer

A

Section 93C, Crimes Act

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

Key points

1 or more person involved
Against person only
Violence must be directed against a person or persons

Question 23

Q

Where do we find the definition of Larceny?
A. Common Law
B. Crimes Act 1900 (NSW) Section 117
C. Crimes Act 1900 (NSW) Section 118

Answer

A

Where do we find the definition of Larceny?
A. Common Law

Question 24

Q

Crimes Act s.___ Stealing property in a dwelling-house

Answer

A

Crimes Act s.148 Stealing property in a dwelling-house

Question 25

Q

Offence of Contravening an AVO
CDPVA 2007, S.14

Answer

A

A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence
Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both

Question 26

Q

Crimes Act s.125 _____________

Answer

A

Crimes Act s.125 Larceny by bailee

Question 27

Q

Under what Section allows police to seize property related to domestic violence in a dwelling?

What does this Section allow you to take?

Answer

A

Section 87, Law Enforcement (Powers & Responsibilities) Act

Dangerous article/implement (not laser pointer) that currently or previously or may be used to commit a domestic violence offence

S.87 allows for police to search & seize dangerous implements from a dwelling providing certain preconditions are established.

A police officer may search the dwelling for and detain a dangerous article or implement, as long as:

The police officer has entered the premises lawfully under a power in LEPRA
The police officer believes on reasonable grounds that:

A dangerous article or implement (other than a laser pointer) is in the dwelling, AND
The dangerous article/implement is being, was, or may have been or may be used to commit a domestic violence offence.

Question 28

Q

What are the elements of being within premises and then breaking out?

_____________________________
E__________
_____________________ or other building
Commits a _____________________________
___________ out.

Answer

A

What are the elements of being within premises and then breaking out?

The accused
Enters
Dwelling-house or other building
Commits a serious indictable offence
Breaks out

Question 29

Q

What is NOT considered breaking?

Answer

A

• Pushing open a door that is ajar and not secured by latch or chain
• Raising an already partially opened window not secured by latch or chain
• Entering through a door or window that is already open.
REMEMBER
It is not a break if someone widens an already open window or door unless the window
or door is held open by a fastening or security device, for example, a door chain.

Question 30

Q

Kate works at Kmart. One day, she opens the cash register, removes a $50 note and places it in her pocket. She spends the money on petrol on her way home. What is the offence?

Answer

A

Crimes act 156, Larceny by Clerk or Servant

Question 31

Q

What is a domestic violence offence?

Answer

A

Any of the following, committed within a defined domestic relationship:

A person violence offence, or
An offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or
An offence (other than a personal violence offence) the commission of which is intended to coerce or control the personal or to cause that person to be intimidated or fearful

Question 32

Q

What constitutes a dwelling-house under the Crimes Act 1900 (NSW)?

Answer

A

Dwelling-house includes—

(a) any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied,
(b) a boat or vehicle in or on which any person resides, and
(c) any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupation of the dwelling-house.

Question 33

Q

What is Crimes Act 1900 (NSW), s. 154A Taking a conveyance without consent of owner?

Answer

A

In circumstances where a car appears to have been “STOLEN” and then left on the side of the road, the element of ‘intention to permanently deprive’ will be difficult if not impossible to establish. This will result in a prosecution of Taking a conveyance without consent of owner.

Elements

Accused
Without consent
Takes and drives conveyance or
Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it.

Question 34

Q

Children and Young Persons (Care and Protection) Act 1998 s. 27

Answer

A

Mandatory Reporters If a police officer suspects on reasonable grounds that a child is, was or will be at risk of significant harm, the police officer is required to report it

Question 35

Q

Indecent Assault Elements Crimes Act 1900 s. 61L

Answer

A

The accused
Assaults the victim
Commits an act of indecency on or in presence of the victim at the time of the assault, or immediately before or after

Question 36

Q

How do table one and table two offences work?

Answer

A

two for one

Schedule 1, Table 1 of the Criminal Procedure Act 1986 (NSW) shows indictable offences that are to be dealt with summarily unless the prosecutor or the person charged elects to have the matter heard by a judge and jury, in the District Court. They are known as Table 1 offences.

one for two

Schedule 1, Table 2 of the Criminal Procedure Act 1986 (NSW) shows indictable offences that are to be dealt with summarily unless the prosecutor elects to have the matter heard by a judge and jury, in the District Court. They are known as Table 2 offences.

Question 37

Q

Crimes Act 1900 (NSW), Section 59 Assault occasioning actual bodily harm

Elements of the offence:

The accused

________

i.

ii.

iii.

Answer

A

Elements of the offence:

The accused
Assaulted
A person
Occasioning actual bodily harm
i. Intentionally or recklessly
ii. Without consent (a person cannot consent to assault occasioning actual bodily harm)
iii. Without lawful excuse

Question 38

Q

Ben works for Liquorland. A truck arrives in the dock area and proceeds to unload cartons of Crown Lager. Ben assists by placing the cartons into the cold room. The job is nearly done and one carton remains, which Ben picks up and places into the boot of his car. After completing his shift Ben goes home and consumes the carton with friends that evening.

What are the elements of the offence?

Ben
Clerk of _________
_____________________________________________________
_____________________________________________________

Answer

A

What are the elements of the offence?

Ben
Clerk of Liquorland
Receives cartons of Crown Lager on behalf of employer
Fraudulently embezzles the Crown Lager

Question 39

Q

LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search

Can a person of the opposite sex be present during the search?

Answer

A

LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search

(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,

Unless it is a parent or guardian Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.

Question 40

Q

What are the elements and section for stalking and intimidation?

Answer

A

Crimes (Domestic and Personal Violence) Act 2007 (NSW), Section 13

Elements of Stalking and Intimidation

The defendant
Stalks or Intimidates
Another person (the victim)
Intending to cause the other person to fear
Physical harm, or mental harm
To the victim themselves, or to a person with whom the victim has a domestic relationship

Question 41

Q

LEPRA 2002 (NSW), Section 31 - Strip searches

A police officer may carry out a strip search of a person if:

(a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is ___________________ — the police officer suspects on reasonable grounds that the strip _______________ for the purposes of the search and that the ____________________________ _____________________ make the strip search necessary

Answer

A

LEPRA 2002 (NSW), Section 31 - Strip searches

A police officer may carry out a strip search of a person if:

(a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is carried out in any other place — the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary

Question 42

Q

(112b) Thus to satisfy the proof of this offence, the offender must:
A. Enter the house
B. Leave the house
C. Break into the house

Answer

A

B. Leave the house

Question 43

Q

Is Affray a table 1 or table 2 offence?

Answer

A

Affray is a Table 1 offence

Question 44

Q

Additional information relating to section 82 of LEPRA (Entry by invitation) (Fill in the blanks)

A police officer who _________________________ domestic violence offence:

Committed or likely to be committed
___________
If invited to do so by a person who apparently resides in the dwelling (whether or no the person is an adult)
Enter the dwelling and remain in the dwelling
_ _________ whether a domestic violence offence has been committed
_________________________________________________ of a ________________

_______

•Cant remain in the dwelling

if entry expressly refused by an occupier of the dwelling
Not authorised to remain, i.e., another act or crime scene powers

•BUT can remain

If a person who police believe to be a victim
Gives permission for police to stay

•Even though another occupier has refused entry

Answer

A

A police officer who believes on reasonable grounds domestic violence offence:

Committed or likely to be committed
In any dwelling
If invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult)
Enter the dwelling and remain in the dwelling
To investigate whether a domestic violence offence has been committed
To take action to prevent the commission or further commission of a domestic violence offence
Cant remain in the dwelling
if entry expressly refused by an occupier of the dwelling
Not authorised to remain, i.e., another act or crime scene powers

•BUT can remain

If a person who police believe to be a victim
Gives permission for police to stay

•Even though another occupier has refused entry

Question 45

Q

What type of offence it larceny?

Answer

A

Larceny is punishable by five years’ imprisonment, therefore is a serious indictable offence.

Question 46

Q

What are the elements for Crimes Act 1990 (NSW), s.157 Embezzlement by clerks or servants.

_____
_____
_____
_____

Answer

A

Elements

Accused
Clerk or Servant
Receives property on behalf of employer
Fraudulently embezzles that property

Question 47

Q

LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search

impaired intellectual functioning means —

Answer

A

impaired intellectual functioning means —

(a) total or partial loss of a person’s mental functions, or
(b) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or
(c) a disorder, illness or disease that affects a person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour

Question 48

Q

Crimes act s.188 ______________________________________________

Answer

A

Crimes act s.188 Receiving stolen property where stealing a serious indictable offence

Question 49

Q

Act & Section for assault occasioning actual bodily harm + elements of the offence

Answer

A

Section 59, Crimes Act – Imprisonment for 5 years (Serious indictable offence)

The accused
Assaulted
Intentionally or recklessly
Without consent
Without lawful excuse
A person
Occasioning actual bodily harm

Question 50

Q

What Section & Act is Warrant where entry denied or authority to remain refused

Answer

A

Section 83, Law Enforcement (Powers & Responsibilities) Act

(a) has been denied entry to a specified dwelling or is expressly refused authority to remain in a specified dwelling by an occupier of the dwelling, and
(b) the police officer suspects that—
(i) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and
(ii) it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.

Question 51

Q

Mandatory order what is included in every AVO

Answer

A

You must not do any of the following to (PINOP) or anyone they have a domestic relationship with:

a) Assault or threaten them
b) Stalk, harass or intimidate them and
c) Intentionally or recklessly destroy or damage any property that belongs to or is in possession of (PINOP)

Question 52

Q

Crimes Act s. ___ Larceny by clerks or servants

Answer

A

Crimes Act s.156 Larceny by clerks or servants

Question 53

Q

What is the penalty for Larceny Offences and where do we find it?

Answer

A

5 years imprisonment; Crimes Act 1900 (NSW) Section 117

Question 54

Q

Crimes Act s.154F _____________________________

Answer

A

Crimes Act s.154F Stealing motor vehicle, vessel or trailer

Question 55

Q

What is required for a warrant under, Section 83 of LEPRA 2002?

Warrant where entry denied or authority to remain refused

Answer

A

“83 LEAVE ME”

If the police have been denied entry, they can apply for a warrant

In order to apply for a warrant, police must show that:

They have been denied entry
A Domestic Violence offence has recently been, is being committed, is imminent, or is likely to be committed
It is necessary for the police to enter immediately to investigate and take action to prevent the further commission of offences

Question 56

Q

What are the circumstances of special aggravation of break offences?
When the alleged offender:
• Intentionally ________ or intentionally inflicts _________ on any person.
• Inflicts _______ on any person and is reckless as to causing ________ to that or any
other person.
• Is armed with a ____________ weapon.

Answer

A

What are the circumstances of special aggravation of break offences?
when the alleged offender:
• Intentionally wounds or intentionally inflicts GBH on any person
• Inflicts GBH on any person and is reckless as to causing ABH to that or any other
person
• Armed with a dangerous weapon

Question 57

Q

What is temporal Coincidence

Answer

A

Temporal Coincidence occurs when mens rea and actus reus coincide in time. Then criminal liability may be established.

Question 58

Q

Crimes Act s.____ Stealing motor vehicle, vessel or trailer

Answer

A

Crimes Act s.154F Stealing motor vehicle, vessel or trailer

Question 59

Q

A car is broken into by three teenagers, driven around for 3 hours and then left on the side of the road in a local industrial estate. What are the elements of the offence?

_____________________________________________________
Without consent
_____________________________________________________
_____________________________________________________

Answer

A

Accused
Without consent
Takes and drives conveyance or
Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it.

Question 60

Q

CDPVA 2007, S.90A
Period for which person may be directed to remain or be detained

Answer

A

A Police Officer may direct the person to remain or detain them for a reasonable amount of time
To have the APVO or ADVO created, varied or served on the defendant
Not exceeding 2 hours or whichever is lesser (excludes travel time to police station)

Question 61

Q

Under Section 10 of LEPRA 2002

what may Police do?

Answer

A

Police may enter and stay for a reasonable amount of time to:

Detain a person under an Act
Arrest a person Police may search premises for person
police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.

Question 62

Q

What is the definition of wound?

Answer

A

Wounding requires the breaking of the continuity of the skin - dermis (interior layer) and epidermis (outer layer).

Source: (R v Smith 1837)

It need not involve the use of a weapon.

Source: R v Shepherd (2003)

Defined at common law, wounding involves the breaking of the skin (dermis). It is an injury in which the skin, tissue, or an organ is broken by some external force such as a blow or incision or deep laceration, with damage to the underlying tissue.

Question 63

Q

How would you establish the mens rea and actus reus of the offence of larceny?

Answer

A

Mens rea (mind) - i.e. the offender had the mind-set that they would steal because they took and carried away etc. and intended that the taking would be permanent.

Actus reus (physical act) - the property belonged to another and was taken and carried away without consent

Question 64

Q

What are some ways we can establish the element of ‘the accused’ for larceny?

Answer

A

ID, CCTV, witness statements, admissions of the accused, recovering the stolen property

Answer 65

A

Crimes act 154F Stealing motor vehicle

Accused
Steals
• elements of larceny
Motor vehicle, vessel or trailer.

Answer 66

A

Crimes Act 1900 (NSW), Section 93B

Elements of Offence:

12 or more persons were present together; and
Used or threatened to use unlawful violence for a common purpose; and
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; and

The accused was one of those present who used unlawful violence (punishable imprisonment 15 years)

Against person OR property

Answer 67

A

Section 61HB, Crimes Act

Sexual touching means a person touching another person-
With any part of the body or with anything else, or
Through anything, including anything worn by the person doing the touching or by the person being touched, in circumstances where a reasonable person would consider the touching to be sexual

Answer 68

A

Larceny by clerks or servants occurs when the subject property or money is taken from the possession of the employer, i.e., it is owned by the employer.

Elements

Accused
Clerk or servant of master/employer
Steals property: elements of larceny must be established
Property belonging to the accused’s master/employer

Answer 69

A

Physically placing hands on an item, and requires only the slightest movement of the property

Answer 70

A

PINOP
Guardian of the PINOP
Police officer

Answer 71

A

Section 10, Law Enforcement (Powers & Responsibilities) Act

Answer 72

A

Crimes Act s.154A Taking a conveyance without consent of owner

Answer 73

A

Entry has been denied
It is necessary to enter the dwelling, and
They suspect on reasonable grounds that a domestic violence offence is/was/imminent/likely to occur, and
It is necessary to investigate

Answer 74

A

Section 11A, Summary offences Act

Where three or more persons are together using or threatening unlawful violence
The conduct of them (taken together) was such that it would have caused a person of reasonable firmness present at the scene to fear for his/her safety
Each of the persons who threatens or uses unlawful violence is guilty of this offence

Answer 75

A

Crimes Act s.154A Taking a conveyance without consent of owner

Answer 76

A

Section 86, LEPRA
If all the people involved in the domestic incident say that there are no firearms, but police believe on reasonable grounds that there may be firearms, police must apply for a search warrant

Answer 77

A

Larceny is classified as a

B. Serious indictable offence

Answer 78

A

Provisional
Interim
Non-urgent
Final

Answer 79

A

Police apply for this AVO if there are immediate fears for the safety of the victim
Enforceable the minute it has been served to accused
In force until revoked, withdrawn, dismissed or from the moment when an interim/final order is served to the defendant (CDPVA 2007, S.32- Duration)
Granted by a senior police officer, Sgt or above, or the Central Justice Panel

Answer 80

A

Statements from witness/victim/owners
Actions of the accused
Exhibits
CCTV
Admissions of the accused

Answer 81

A

Section 35, Crimes Act

The accused
Wounds any person
Is reckless as to causing actual bodily harm to that or any other person is guilty of an offence

Answer 82

A

Goods in Custody: It must be proven that the goods are reasonably suspected* of being *stolen or otherwise unlawfully obtained. It is not necessary to prove that the goods are actually stolen or unlawfully obtained, or that the accused knows the goods are stolen or unlawfully obtained.

Receiving: It must be proven that the accused knew the goods were stolen at the time they received, disposed of, or attempted to dispose of them. Knowledge, in the mind of the accused, is an important element in proving the offence of Receiving

Answer 83

A

Both offences involve a criminal act performed by a person in the capacity of a clerk or servant

Generally:

Embezzlement by clerks or servants occurs before the property or cash comes into possession of the employer, i.e., it is taken before it is owned by the employer
Larceny by clerks or servants occurs after the property or cash comes into possession of the employer

Answer 84

A

Entry by invitation (Section 82, LEPRA)
Power to enter in emergencies (Section 9, LEPRA)
Power to enter to arrest or detain someone or execute a warrant (Section 10, LEPRA)
Entry by warrant where entry denied (Section 83, LEPRA)

Powers that may be exercised on entry into premises

Powers that may be exercised on entry into premises (Section 85, LEPRA)
Crime scene powers (LEPRA part 7 & Section 82 (3A), (3B), 3C))

Answer 85

A

What is the definition of a dwelling house?

(a) any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied,
(b) a boat or vehicle in or on which any person resides, and
(c) any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupation of the dwelling-house.

Answer 86

A

Section 61KF, Crimes Act

The accused
Without consent of the alleged victim
Knowing the victim does not consent
Intentionally
Carried out a sexual act
Towards the victims
In circumstances of aggravation

Answer 87

A

Under the Children and Young Persons (Care and Protection) Act 1998 s. 23 it’s when the Children or Young persons;

Physical and psychological needs not met
Parents unable or unwilling to arrange medical care
Parents unable or unwilling to allow child to receive education
Physically or sexual abused or ill-treated -Exposed to domestic violence -Suffering serious psychological harm or at risk of

Answer 88

A

Stalking includes:

a) The following of a person about, or
b) The watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity, or
c) Contacting or otherwise approaching a person using the internet or any other technologically assisted means

Answer 89

A

Elements of Larceny:

The accused
Without consent
Fraudulently
Without legal claim of right
Takes and carries away property
Belonging to another
With Intent to permanently deprive the owner

Answer 90

A

Crimes act s.117 Larceny

Answer 91

A

An act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual. Whether the person carrying out the act does so for the purpose of obtaining sexual arousal or sexual gratification

Answer 92

A

•Domestic violence is when one person attempts physical or psychological domination and control of the other within a domestic relationship by one or more of the following:

Physical violence
Sexual violence
Threats and intimidation
Emotional/psychological abuse
Economic deprivation
Coercive control

Answer 93

A

The accused
Had sexual intercourse with another person
Without consent of the other person
Knew the other person did not consent to the sexual intercourse

Answer 94

A

The breaking of the seal, interfering with the physical security of the dwelling-house or
other building.
Examples of actual breaking
• Smashing or jemmying open a window or door
• Opening a window or door that is closed - they do not need to be locked
• Removing tiles from a roof
• Opening a cellar door held down by its own weight
• Opening an interior door - not a cupboard
• Flicking the latch or chain off an otherwise partially opened window or door.

Answer 95

A

(a) the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
(b) the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
(c) the alleged offender is armed with a dangerous weapon.

Answer 96

A

Includes any hurt or injury calculated to interfere with the health or comfort of the victim
•Such hurt need not be permanent but must be more than merely transient and trifling e.g. scratches & bruises

Answer 97

A

Physical (e.g. broken bones)
Sexual (e.g. bruising to genital areas)
Psychological (e.g. making them feel worthless)
Neglect (e.g. not feeding enough/at all)

Answer 98

A

LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search

A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present.

Answer 99

A

154A Crimes act, Taking a conveyance without consent of owner

Answer 100

A

Crimes Act 1900 s. 61KC

The accused (alledged offender)
Without consent
Knowing they had no consent
Sexually touched the victim

(a) sexually touches the alleged victim, or
(b) incites the alleged victim to sexually touch the alleged offender, or
(c) incites a third person to sexually touch the alleged victim, or
(d) incites the alleged victim to sexually touch a third person,

Answer 101

A

Yes under section 85(2) of LEPRA

Police MUST inquire as to the presence of any firearms in the dwelling

Answer 102

A

circumstances of aggravation means circumstances involving any one or more of the following—

(a) the alleged offender is armed with an offensive weapon, or instrument,
(b) the alleged offender is in the company of another person or persons,
(c) the alleged offender uses corporal violence on any person,
(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(e) the alleged offender deprives any person of his or her liberty,
(f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

Answer 103

A

Detention and direction of defendant for making and serving a provisional AVO

Answer 104

A

Yes they can

Crimes act s.61AA Defence of lawful correction

(1) In criminal proceedings brought against a person arising out of the application of physical force to a child, it is a defence that the force was applied for the purpose of the punishment of the child, but only if—
(a) the physical force was applied by the parent of the child or by a person acting for a parent of the child, and
(b) the application of that physical force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances.
(2) The application of physical force, unless that force could reasonably be considered trivial or negligible in all the circumstances, is not reasonable if the force is applied—
(a) to any part of the head or neck of the child, or
(b) to any other part of the body of the child in such a way as to be likely to cause harm to the child that lasts for more than a short period.

Answer 105

A

Knowledge of the existence of the item
Knowledge of the likely nature of the item

Answer 106

A

What is a defence for GIC?
It is a sufficient defence if the defendant satisfies the court that he or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained. If this defence is raised, the onus is on the accused. E.g.
Police find a person in possession of a small quantity of drugs and $10,000 that they reasonably suspect was unlawfully obtained. The defence provided to the court was that the money was given to her by her father. The father gave evidence and bank statements were tendered in evidence of the transaction.

Answer 107

A

Actual
• Expressed
• Implied
Constructive
• Finding
• Mistake
• Trick

Answer 108

A

Section 418, Crimes Act

Answer 109

A

(a) the alleged offender is armed with an offensive weapon, or instrument,
(b) the alleged offender is in the company of another person or persons,
(c) the alleged offender uses corporal violence on any person,
(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(e) the alleged offender deprives any person of his or her liberty,
(f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

Answer 110

A

For property to be stolen, it needs to be:
Tangible
Have monetary value
Be personal property
Does not include real property (e.g. land)

Answer 111

A

What are the elements of breaking into and entering premises?

The accused
Breaks and
Enters
Dwelling-house or other building and
Commits a serious indictable offence

Answer 112

A

moving from the outside to the inside of the dwelling-house or other building.

for example, a person’s arm through an open window.

Answer 113

A

Crimes Act s.157 Embezzlement by clerks or servants

Answer 114

A

Crimes Act s.156 Larceny by clerks or servants

Answer 115

A

Crimes Act s.527C Persons unlawfully in possession of property

Answer 116

A

where you find the alleged offender
the time since the offence
the item the offender is carrying
guilty knowledge inferred from silence or with no other reasonable explanation for possession offered.

Answer 117

A

Stealing motor vehicle, vessel or trailer – must prove all elements of larceny including:

Intention to permanently deprive.

Taking a conveyance without consent of owner - do not need to prove:

Intention to permanently deprive.

Answer 118

A

Crimes Act 156 Larceny by clerk or servent

Kate
Clerk of Kmart employer
Steals $50 (elements of larceny must be established)
Belonging to the Kmart employer

Answer 119

A

Includes any hurt or injury calculated to interfere with the health or comfort of the victim.

Source: R v Lardner (1998)

Such hurt need not be permanent but must be more than merely transient and trifling, for example, scratches and bruises.

Source: McIntyre v R (2009

Answer 120

A

At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.

Source: Wilson and Dawson JJ Ilich v R (1987) 162 CLR 110

Answer 121

A

Elements

Accused
Uses a deception
Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage.

Answer 122

A

A PO must apply for a Provisional AVO if there is reasonable suspicion the following is occurring, has occurred, is imminent or likely against the PINOP

DV offence
Stalking/intimidation
Child abuse offence

Answer 123

A

Identifies the threat level of future harm to DV victims
2 types of classifications for DV offence:
Intimate & Non-intimate
Applies to both male and female victims aged 16 years and over
Part A & B: Intimate relationships
Part B: Non-intimate relationships

Answer 124

A

Arrest: Where police make it plain that the person they are arresting is not free to leave
Detention: The time taken to evoke a legal process

E.g. LEPRA 2002, S.21 and Sections 89,89A-90 CDPVA 2007, (where police can direct a person to remain in that location while they apply for and serve a provisional order)

Answer 125

A

Crimes act s.192E Fraud

Answer 126

A

Touching another person in circumstances where a reasonable person would consider the touching to be sexual

Answer 127

A

Advance towards someone with a clenched fist (threats)
Using a dog as a weapon
Non-consenting kiss
Spitting on a person
Striking a horse causing the rider to fall
Pointing an unloaded/loaded firearm or toy pistol (if the victim believes it to be a pistol/taser)
An unlawful arrest
Excessive force

Answer 128

A

Pursuit phase
Honeymoon phase
Build-up phase
Stand-over phase
EXPLOSION
Remorse phase

Answer 129

A

a) Conduct (incl. cyberbullying) amounting to harassment or molestation of the person, or
b) Approach made to the person by any means (incl. phone, text, email & other technologically assisted means) that causes the person to fear for his or her safety
c) Conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or the violence or damage to any person or property

Answer 130

A

What are the 3 different levels of belonging to another?

Control
Ownership
Possession

Answer 131

A

What test do we apply when establishing the element of ‘fraudulently’?
Objective Test - Reasonable third person. That at the time of taking and carrying away, the accused had dishonest intent.

Answer 132

A

Not an order but a summons to appear before the court for an application to seek an order
There must be no immediate safety concerns
Commonly used when a Provisional AVO has been declined
Not appropriate for child abuse, stalking, intimidation or a DV offence
Can be applied for by the PINOP at a local court

Answer 133

A

Children and Young Persons (Cae and protection) Act 43 Removal of children and young persons without warran

(1) If the Secretary or a police officer is satisfied, on reasonable grounds—
(a) that a child or young person is at immediate risk of serious harm, and
(b) that the making of an apprehended violence order would not be sufficient to protect the child or young person from that risk,

the Secretary or police officer may (without the need for any authority other than that conferred by this subsection) remove the child or young person from the place of risk in accordance with this section.

(2) If the Secretary or a police officer suspects a person is a child and suspects on reasonable grounds—
(a) that the person is in need of care and protection, and
(b) that the person is not subject to the supervision or control of a responsible adult, and
(c) that the person is living in or habitually frequenting a public place,

Answer 134

A

Section 33, Crimes Act

The accused
Wounds any person, or
Causes grievous bodily harm to any person with intent to cause grievous

Definition of wounding

Wounding requires the breaking of the continuity of the skin – dermis (interior layer) and epidermis (outer layer)

Answer 135

A

Section 82, Law Enforcement (Powers & Responsibilities) Act

Answer 136

A

Crimes Act s.148 Stealing property in a dwelling-house

Answer 137

A

Domestic Relationship + Personal Violence Offence

Answer 138

A

Police do not have to prove the goods in the custody** of the accused were **stolen -
HOWEVER they must prove that it was reasonable** to suspect the goods were **stolen or otherwise unlawfully obtained.

B. The goods.

Answer 139

A

Reduced trauma for complainants in recounting evidence in front of offenders
Reduced difficulty in remembering details of incidents at a later court date as the recording will be played before any additional oral evidence is given by the complainant
An increased ability of complainants to give an accurate account of what happened
Brings the demeanour and experience of the complainant into the court room
Reduce or eliminate intimidation on the complainant to change their evidence
Increased rates of early pleas of guilty
Time savings for victims in giving statements

Answer 140

A

LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search

A strip search must not involve a search of a person’s body cavities or an examination of the body by touch.
A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.

Answer 141

A

Physical violence
Emotional and psychological abuse
Economic deprivation
Sexual violence
Social abuse
Threats and intimidation
Coercive control

Answer 142

A

Apply the elements to this specific offence:

The dry cleaner
Possesses coat for cleaning as a bailee
Takes coat for their own use to wear to a function
Acts fraudulently (without knowledge of the owner)

Answer 143

A

Stealing motor vehicle, vessel or trailer – must prove all elements of larceny including:
• Intention to permanently deprive or the person doesn’t get it back in its original condition
Taking a conveyance without consent of owner - do not need to prove:
• Intention to permanently deprive or any elements of larceny.

Answer 144

A

An order from the court (or a sergeant) that places restrictions on a person in order to protect a person in need of protection (PINOP)

Answer 145

A

I – Intimate images
B - Breach of Apprehended Violence Order
A – All manner of assaults
D – Damage to property
G – Guns
A – Attempts at these things
S – Stalking and intimidation

O – Other offence

Answer 146

A

Section 37, Crimes Act

Answer 147

A

The person freely and voluntarily agrees to sexual activity

Answer 148

A

Obligation to apply for provisional order in certain circumstances

Police officer must apply if there is reasonable suspicion that one of the following is occurring, has occurred or is imminent:

Domestic Violence offence
Stalking or intimidation
Child abuse offence

Answer 149

A

Crimes Act s.157 Embezzlement by clerks or servants

Answer 150

A

An emergency (LEPRA S.9)
To lawfully arrest or detain a person, or to execute warrant (LEPRA S.10)
Execution of an entry warrant (LEPRA S.83 issued by an authorised justice)
Invitation from the owner/occupant (until revoked) (LEPRA S.82)

Answer 151

A

Crimes Act s.125 Larceny by bailee

Answer 152

A

Police may enter a premises on reasonable suspicion that the following is occurring or likely to occur:

Breach of the peace
Person has suffered significant injury
Dead body

Answer 153

A

Embezzlement by clerks or servants occurs before the property or cash comes into possession of the employer, i.e., it is taken before it is owned by the employer or before going into the till
Larceny by clerks or servants occurs after the property or cash comes into possession of the employer (after the till)

Answer 154

A

A police officer (PO) may enter and stay for a reasonable time on premises to arrest OR detain OR arrest a person named in a warrant
PO may enter a dwelling to arrest OR detain a person ONLY if the PO officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling
PO may search the premises for the person

Answer 155

A

• Not return the goods
OR
• Change the property
OR
• Return the goods conditionally.

Answer 156

A

Crimes act s.117 Larceny

Answer 157

A

Violent disorder involves THREE or more persons using or threatening unlawful violence
Affray involves ONE or more person using or threatening unlawful violence towards another person
Riot is where TWELVE or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

Answer 158

A

Summary Offences Act 1988 (NSW), Section 11A

3 or more (conduct taken together)
Use or threaten violence (incl. words alone)
Towards persons or property

(10 penalty units or 6 months imprisonment)

Answer 159

A

LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search

(1) A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following —
(a) the strip search must be conducted in a private area,
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search

Answer 160

A

a deception as to the intentions of the person using the deception or any other person, or
conduct that causes a computer/machine to respond in a manner the person is not authorised to cause it to make.

any intentional or reckless deception

Answer 161

A

The accused
Committed an act of indecency
With or towards another person

Answer 162

A

LEPRA 2002, S.86 – Police may enter and search for firearms

if police have a reasonable suspicion a DV offence is occurring, recently occurred, likely or imminent
Police are informed that no firearms exist in dwelling, but reasonably suspect otherwise
Police must apply for a search warrant

Answer 163

A

Marriage
Intimate personal relationship
Same household
Same residential facility (not including gaols)
De-facto partner
Ongoing dependence or care of person
Relative
ATSI extended family or kin

Answer 164

A

In company of another person
Victim is under the authority of the offender
Victim has a serious physical disability
Victim has a cognitive impairment

Answer 165

A

Consent
Amical contest (Sport, ie boxing)
Medical procedures (e.g. surgery)
Accidental use of physical force
Lawful Chastisement - a parent smacks a child on the bottom once to discipline them after they deliberately hit another child
Execution of the law of process – a police officer lawfully arrests a person for an offence and they resist arrest, the police officer then physically restrains them
Self-defence - someone attempts to hit you and you push them away to avoid being assaulted
Taking blood samples, forensic procedures
Defence of family - someone attempts to hit your child and you push the person away to protect your child
Defence of home or property – a person breaks into your house and you physically restrain them until the police arrive

Answer 166

A

A PO who is making or is about to make an application for a provisional order that is an interim apprehended personal violence order, may give either of the following directions to the person against whom the order is sought—
That the person remain at the scene where the incident occurred
In a case where the person has left the scene of that incident- that the person remain at another place where the police officer locates the person

Answer 167

A

The accused
Assaulted
A person

Two years imprisonment – Indictable Offence

Answer 168

A

Crimes act s.188 Receiving stolen property where stealing a serious indictable offence

Answer 169

A

LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search

(a) in the presence of a parent or guardian of the person being searched, or
(b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who is capable of representing the interests of the person being searched and whose presence is acceptable to that person.

(3A) Subsection (3) does not apply if a police officer suspects on reasonable grounds that —

(a) delaying the search is likely to result in evidence being concealed or destroyed, or
(b) an immediate search is necessary to protect the safety of a person.

Answer 170

A

Police invited into a dwelling may stay to investigate or prevent a domestic violence offence
So long as police believe on reasonable grounds that a domestic violence offence is occurring, recently occurred or is imminent
If permission is removed, police may stay to exercise powers until a warrant is issued

“82 COME ON THROUGH”

Answer 171

A

Accused
Breaks
Enters
Dwelling-house or other building
Commits a serious indictable offence

Answer 172

A

Mens rea:

The intention to effect an unlawful contact or to create an apprehension of imminent unlawful contact in the mind of the other person.

Actus reus:

The unlawful contact or the act creating apprehension of such an unlawful contact.

Answer 173

A

What is the Doctrine of Recent Possession?
A person, who is in possession of property so soon after a stealing or a break and enter have taken place, shall be deemed to be the thief, breaker or the guilty receiver in the absence of any explanation.

Answer 174

A

Police who lawfully enter a dwelling under this part (via S.82 or S.83) may (IFRAP):

Investigate a DV offence
Firearms – inquire, search and seize – MUST BE DONE!!!
Render first aid
Arrest a person
Prevent a DV offence

(2) A police officer who so enters a dwelling must inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to seize and detain the firearm or firearms.
(3) A police officer who so enters a dwelling is to remain in the dwelling only as long as is necessary to take the actions required or permitted by this Part.

Answer 175

A

Crimes Act s.527C Persons unlawfully in possession of property

Answer 176

A

The honest belief that the person has the legal right to take the goods, NOT a moral right.
Subjective test - POV of the accused/victim

Answer 177

A

Summary Offences Act 1988 (NSW), Section 11A

Elements of offence:

Where three or more persons are together using or threatening unlawful violence; and
the conduct of them (taken together) was such that it would have caused a person of reasonable firmness present at the scene to fear for his/her safety.
Each of the persons who threatens or uses unlawful violence is guilty of this offence.

Maximum penalty: 10 penalty units or 6 months imprisonment.

Accused intended to use or threatened violence, or was aware that their conduct may have been violent. WORDS ALONE CAN CONSTITUTE THIS OFFENCE so as to cause a person of reasonable firmness to fear for their safety (need not be present)
Against person or property
On public or private property
Only need to threaten violence
You do not have to identify all parties but you will need to describe in detail the actions of three or more persons to prove the offence.

Answer 178

A

Same as S.27, but applies to Non-Urgent AVO’s
DV offence
Stalking/intimidation
Child abuse offence
Makes NO mention of making the order immediately for the PINOP’s safety and protection

Answer 179

A

Prohibited under Weapons Prohibition Act
Spear gun -Device (not a firearm) capable of discharging irritant or capable of bodily harm
Firearm, spare barrel or ammunition
Detonator or fuse capable of use with explosive or detonator

Answer 180

A

Section 9 of LEPRA – Power to enter in emergencies

To prevent a breach of the peace from occurring or to end a breach of the peace which IS occurring
A person has suffered significant physical injury or there is an immediate danger of significant physical injury and it is necessary to enter the premises immediately to prevent further significant physical injury
the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.

Answer 181

A

Crimes act s.112 Breaking etc into any house etc and committing serious indictable offence

Answer 182

A

Crimes act 157 Embezzlement by Clerk or Servant

Answer 183

A

Crimes act s.112 Breaking etc into any house etc and committing serious indictable offence

Answer 184

A

Court made order prior to the expiry of a provisional AVO or at the conclusion of a non-urgent AVO
Granted for the long-term protection of the PINOP
A final AVO remains in force for such period as is specified by the court
AVO not in force until served on the accused
If the court fails to specify a time period, the AVO remains in force for 12 months
Once time is up, AVO disappears unless victim requests extended time

Answer 185

A

What are the circumstances of aggravation of break offences?
• Armed with an offensive weapon or instrument*
• Use of corporal violence
• Deprivation of liberty
• Infliction of ABH on any person
• The offender knows there are people (lawful occupants) on the premises at the time of
the offence
• In company

Answer 186

A

Crimes Act s.192E Fraud

Answer 187

A

The accused was one of 12 or more people –

who were present together at a place (public or private), and
who used or threatened unlawful violence for a common purpose, and

That the conduct of these people (taken together) was such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, and
That the accused in fact used unlawful violence for the common purpose.

Answer 188

A

The accused
Without consent
Knowing they had no consent
Carried out a sexual act

Answer 189

A

Constructive breaking involves entry being gained through the unauthorised use of one of the following:

A Key
Fraud
Conspiracy
Threat
Not breaking

Answer 190

A

Authority of alleged offender
Victim under 16
Offensive weapon used to make threats of ABH
Company of another
ABH is inflicted
Disability of a serious physical nature
Offence of a serious indictable nature intended during a break and enter
Deprivation of liberty
Cognitive impairment

Answer 191

A

circumstances of special aggravation means circumstances involving any or all of the following—

(a) the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
(b) the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
(c) the alleged offender is armed with a dangerous weapon.

Answer 192

A

Video recorded statements taken from DV victims
Recording must be made as soon as practicable after the commission of the offence
Police should consider: Non-leading questions, first person conversation, hearsay, opinion, unfair/prejudice/character evidence
Defendants are NOT to be given copies of a video statement but only audio
Victims still must go to court, even if they supply a DVEC statement

Answer 193

A

Section 66C, Crimes Act

Answer 194

A

Non-urgent order must be made if a police officer believes or suspects that a domestic violence offence has been or is likely to be committed against the person in need of protection

Answer 195

A

The relationship between the PINOP and the defendant:

A general history – children, violence, types of abuse, etc
Specific examples of violence – most recent and most serious
Issues relating to family law, drug and alcohol, mental health, firearms, weapons
Previous orders
Future fears of police or the Person in Need of Protection (PINOP)

Answer 196

A

It is generally understood that entry means moving from the outside to the inside of the dwelling-house or other building.
The insertion of an implement for the purpose of entering into a dwelling-house or other building may also constitute entry.

Answer 197

A

Make presence known/knock
Announce their office
State the reason for entry
Allow adequate time to comply

Answer 198

A

Crimes act s.33 Wounding or grievous bodily harm with intent

(1) Intent to cause grievous bodily harm A person who—
(a) wounds any person, or
(b) causes grievous bodily harm to any person,

with intent to cause grievous bodily harm to that or any other person is guilty of an offence.

Maximum penalty—Imprisonment for 25 years.

Answer 199

A

Crimes act s.418 Self-defence—when available

(1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.
(2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary—
(a) to defend himself or herself or another person, or
(b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
(c) to protect property from unlawful taking, destruction, damage or interference, or
(d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass,

and the conduct is a reasonable response in the circumstances as he or she perceives them.

Answer 200

A

Crimes Act s.192E Fraud

Answer 201

A

Breaking into and entering premises

Crimes Act 1900 (NSW), Section 112(1)(a)

Accused
Breaks
Enters
Dwelling-house or other building
Commits a serious indictable offence

Being within premises and then breaking out

Crimes Act 1900 (NSW), Section 112(1)(b)

Accused
Enters
Dwelling-house or other building
Commits a serious indictable offence
Breaks out

Answer 202

A

Accused
Enters
Dwelling-house or other building
Commits a serious indictable offence
Breaks out

Answer 203

A

# Define Entry:
• Moving from the **_outside to the inside of the dwelling-house or other building._**

• It is not necessary that the whole of the person go inside.

There need only be a part of the person that goes from outside to inside to constitute entry, for example, a person’s arm through an open window.
•The insertion of an implement for the purpose of entering into a dwelling-house or other building may also constitute entry. Eg a fishing rod

Answer 204

A

Crimes act 125 Larceny by Bailee

Answer 205

A

What is Constructive breaking? What are the four examples?
Involves entry being gained through the unauthorised use of one of the following.
1. A Key - The use of a key occurs when a person has lawful access to a key but uses it in a manner
for which authority has not been granted. Example: a cleaner has keys to an office block
as part of their role as cleaner, but the cleaner uses the keys on this occasion to enter the
office block and steal a computer.
2. Fraud - Tricks victims to allowing accused to enter
Example: A person poses as a Telstra worker and gains permission to enter the building
on the premise of checking telephone lines and, once in the building, steals jewellery.
3. Conspiracy - Involves two or more people deliberately leaving a door open to allow
another access.
Example: An office worker agrees to leave his office door open to allow his friend to go
inside that night and steal a number of computers.
4. Threat - victim only allows entry upon a threat being made.
Example: A person threatens the owner or occupier of a dwelling-house or other building that, if they do not allow them in, they will do something such as assault the person or damage property.

Answer 206

A

37 Choking, suffocation and strangulation

(1A) A person is guilty of an offence if the person intentionally chokes, suffocates or strangles another person without the other person’s consent.

Maximum penalty—imprisonment for 5 years.

(1) A person is guilty of an offence if the person—
(a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) is reckless as to rendering the other person unconscious, insensible or incapable of resistance.

Maximum penalty—imprisonment for 10 years.

(2) A person is guilty of an offence if the person—
(a) chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.

Maximum penalty—imprisonment for 25 years.

Answer 207

A

The accused -Stalks or intimidates the victim
With intent to cause fear of physical or mental harm

Answer 208

A

Summary Offences Act s.5

The accused
Shall not, in or within view from a public place or a school,
Wilfully and obscenely expose his or her person

Answer 209

A

-Dangerous article -Made or adapted for use of causing injury -Intended to menace, injure or damage property -Laser pointer -Knife

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Session Two Law Policy Flashcards

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