Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Other (Matt's) > Sgt Davidson's Summative 3 Tutorial > Flashcards

Sgt Davidson's Summative 3 Tutorial Flashcards

1
Q

Who is not compellable ?

A 
Judge
Juror
Council
The accused 
Bank officer
Governed general
Sovereign
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the definition of a domestic relationship?

A

Partners
Family members
Shares a house
Close personal relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What types of violence are there?

A

Physical
Psychological
Sexual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a protection order?

A

Basically the same as a PSO but applied applied for through the court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who can apply for a protection order?

A
  • Person in domestic relationship
  • Representative of a child
  • Representative of someone lacking capacity
  • Third party for a victim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the protected person called in a protection order?

A

Applicant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the person the protection order is against in a protection order?

A

Respondent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What conditions are there in a protection order?

A

Not to offer violence
No contact
Surrender firearms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the one exception to the protection order conditions?

A

The applicant can turn on and off the no contact part

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who is not competent?

A 
The sovereign
A mentally disordered person
A drunk person (they can give evidence when sober)
A very young child
A person who is ill
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the burden of proof?

A

The responsibility or onus of establishing the case concerned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a fact in issue?

A

The ingredients or identity which is challenged by the defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the definition of competent?

A

Someone who as a matter of law is able to give evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the definition of compellable?

A

Ay person who is eligible to give evidence is compellable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What must evidence e for it to be used in court?

A

Admissible and relevant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is relevant evidence?

A

Evidence that must relate to the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is admissible evidence?

A

Evidence that the court is legally ale to receive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What can you do for failure to follow protection order conditions?

A

Arrest and charge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What can you do for failure to attend a course under a protection order?

A

Summons and charge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a PSO?

A

Police safety order

A order issued by a constable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How long can it last for?

A

5days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the name of the person it protects?

A

Person a risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are your obligations in regards to a property damage crash?

A

Report it to the owner within 48hrs

Report it to the police within 60hrs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Is it an chargeable offence not to follow a PSO?

A

No, they will be arrested and bought before the courts to consider the PSO.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

When can a PSO be issued?

A

Domestic relationship
No offence committed
Believe violence may occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

How long can you detain someone to issue a PSO?

A

2hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Wen does a PSO expire if not served?

A

48hrs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

How old is a child under the domestic violence act?

A

Under 17years

Not or hasn’t been married

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

How old is a minor in the domestic violence act?

A

17-19years

Not or hasn’t been married

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are you obligations in regards to a crash?

A

Stop
Ascertains injury
Render assistance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are your obligations in regards to an injury crash?

A

Report to Police within 24hrs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is the definition of a firearm?

A

Anything that fires a projectile by way of explosive force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is the definition of an air gun?

A

Anything that fires a projectile by way of compressed air or gas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is the definition of a restricted weapon?

A

Anything that is declared restricted by the governed general

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the definition of explosive?

A

A substance that when it explodes creates a pyro technic effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Can a person aged 0-16 hold/fire a firearm

A

Yea as long as they are under the immediate control of someone with a firearms licence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are the rules around a person aged 16-18 in regards to firearms?

A

A person aged 16-18 needs a firearms licence for Both a air gun and a firearm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What are the rules around a 18+ person with a firearm?

A

Requires a licence for a firearm, no licence for a airgun

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What does section 66 of the arms act say?

A

He who smelt it dealt it…. If a firearm is found in a vehicle or place, then it is up to the owner or driver to prove it is is the possession of another person and it is not there property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Section 18 of the search and surveillance act says

A

You may search a person or place if you suspect they have a firearm and believe they have breached the arms act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Licence holders must…

A

Ensure their licence is kept un damaged
Produce it on demand or within 7 days to a police station
Report change of address within 30 days
Report stolen or destroyed firearms
Report any injury or death caused by the firearm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Section 40 of the arms act

A

Allows police to demand name address and firearms licence, if refused gives police the power to arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What is the definition of a road?

A

At place where a vehicle can go

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Section 96A Land Transport Act 1998

A 
Seize and impound for 28days for:
Sustained loss of traction
Unnecessary exhibition or speed or acceleration
Racing
-green sticker!
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Section 114 Land Transport Act 1998

A

Stopping power

Have the power to demand drivers and owner of the vehicles details

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What you have to consider for protection order?

A

Was domestic violence

Necessary to protect applicant or child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Section 121 Land Transport Act 1998

A 
Applies to mentally or physically not able to drive or driving outside specific ours:
Forbid to drive for specific time
All ignition keys surrendered 
Render vehicle immobile
Move vehicle
EBA drivers forbid to dire 12hrs
Direct to go to specific area to rest
48
Q

Section 115(1) Land Transport Act 1998

A

Green sticker a defective vehicle

Has to be remedied and a new wof then police can remove it

49
Q

Section 115(3)(b)

A

Pink sticker for an unsafe vehicle
Has to be repaired
Then taken to an authorised vehicle inspection centre that doesn’t do repairs
New wof

50
Q

Section 118 Land Transport Act 1998

A

Require owner or hirer of vehicle to give details of driver within 14days if there is an offence against any act or just out of fresh pursuit

51
Q

Section 95 Land Transport Act 1998

A 
Suspend licence for 28days for:
Over 650mgm 
Over 130mcm
Over 400mgm and 1 previous offence in 4 years
Over 80 and 1 previous offence in 4 years
Fails or refuses to give blood
40kph over a permanent speed limit
50ph over a temporary speed limit
52
Q

What are the classes of licence

A 
A-licence for the conventional use
B-pistols assuming they belong to a club
C-collectors.... May be allowed bang bang things
D-dealers 
E-mssa
53
Q

What makes a MSSA a MSSA

A

Fires one round a and chambers another with one pull of the trigger

54
Q

What additional requirements

A 
Folding or telescopic butt
Bayonet lugs 
Flash suppressor
Free standing pistol grip
A magazine that appears to hold 15 .22 rounds or 7 of any other round
55
Q

What can a DAO ask Police to do? Section 41

A

Assist so the DAO may
Assess a patient
Transport patient for treatment or assessment

56
Q

Section 122 Land Transport Act 1998

A

Seize and impound for 24hours for public safety

57
Q

Section 123 Land Transport Act 1998

A

Seize and impound for 7days for forensic

58
Q

Section 119 Land Transport Act 1998

A

Driving dangerously or recklessly or faked to stop or under the influence can enter premises to only do EBA procedure

59
Q

Section 39 Children, Young Persons and their Families Act 1989

A

CYP may suffer ill treatment

May get warrant to search and take child to CYFS

60
Q

Section 42 Children, Young Persons and their Families Act 1989

A

In the poo

Critically necessary to enter and search to remove or detain child and take to CYFS

61
Q

Section 48 Children, Young Persons and their Families Act 1989

A

Out too late
Found unaccompanied in a situation where CYP’s health may be impaired
Can take CYP home with permission of them or to CYFS

62
Q

Section 10B Children, Young Persons and their Families Act 1989

A

Shouldn’t be

Child left unaccompanied without reasonable precautions for there health and safety being taken

63
Q

Section 14 Children, Young Persons and their Families Act 1989

A

WOCA
In need of care and protection:
Welfare, serious differences between parent and child
Offending to an extent their is a concern for well bring
Control, unable to control
Abuse being abused

64
Q

What deaths are required to be reported to the coroner?

A 
SCUMBIE
Suicide
Cause unknown
Unusual or violent death
Medical, surgical or dental operation or procedure
Brith death, death due to brith from pregnancy or giving birth
Institutional death
Enactment requires holding of an inquest
65
Q

When must an inquest be held?

A

Suicide
Institutional
Circumstances not clear

66
Q

What is the definition of preparing?

A

Found in any public place

From which it can be reasonably be inferred that they are preparing to commit an offence

67
Q

What is the definition of attempting?

A

Full offence minus one ingredient

68
Q

What is the definition for parties?

A

66(1) the original plan/intended offence
66(2) any other offences that come out of it
E.g. Committing a burglary
Caleb says to Tony if that security guy guard comes in I’m gonna smash him
Security guard comes in Caleb smashes him.
Caleb is guilty of assault.
Tony is guilty off 66(2) party to assault

69
Q

Amounts for presumption of supply

A 
.5g of co cane or heroine
5g of morphine or meth
28g of cannabis
56g other controlled drug
100 niggeretes
70
Q

Possession

A

That the person was in possession of the controlled drug

71
Q

Knowledge

A

That they knew it was a controlled drug

72
Q

Useable quantity

A

The amount was enough to be used

73
Q

Section 20 21 and 22 of s&s

A

Look it up urself cunt

74
Q

3 examples of class A drugs

A

Cocaine heroine meth

75
Q

3 examples of class B drugs

A

Morphine opium cannabis oil

76
Q

3 examples of class C drugs

A

Cannabis plant, cannabis seed, cannabis fruit

77
Q

What’s to consider for PSO?

A 
1M?
1K?
Previous PSO or PO in place
Will it cause hardship
Welfare of children
78
Q

What is the definition of a mental disorder?

A

A abnormal state of mind to the point where the pose a serious risk to their self or someone else or
-ability to look after themselves has seriously diminished

79
Q

Under the sale of liquor act how old is a minor

A

Not yet 18

80
Q

Definition of a restricted area

A

An area someone who is under 18 can not be unless working

81
Q

Definition of a supervised area

A

A part of a licensed area that a person under 18 can not go unless accompanied by their parent or legal guardian

82
Q

What is vicarious liability

A

A bar manager is liable for offences committed by bar staff

83
Q

What are the exemptions to being found on the premises outside licensing hours

A

Manager or spouse of manager
Lives there
Employee there for the purpose of working…. Not selling piss

84
Q

Section 175 sale of the double browns act

A

At any reasonable time OR at any time may enter and inspect licences premises to ensure they are complying with the licence

85
Q

Section 176 of the sale of tui act

A

Power to demand information if you have RGTS they have committed an offence against the act

86
Q

What is a compulsory treatment order?

A

Missing for less than 3months, may apprehend and return to where they should be. DON’T NEED PERMISSION OF DAO

87
Q

What is an assessment order?

A

May apprehend WITH PERMISSION OF DAO

88
Q

Wen can special and restricted patients be apprehended?

A

At any time

89
Q

What is the definition of a special patient?

A

Detained by way of court order.
Court deem them criminally insane
Risk to public

90
Q

What is the definition or a restricted patient?

A

Subject to compulsory treatment order and are a danger to public

91
Q

What are your powers under section 109?

A

Person in public place and believe they’re mental may apprehend if it is in their interest or publics interest

92
Q

What can a DAO ask Police to do?

A

Assist so the DAO may
Assess a patient
Transport patient for treatment or assessment

93
Q

What is an example of indecent exposure

A

Exposes genitals only

94
Q

What is an example of an indecent act in a publics place

A

Man masturbating in a car

95
Q

What is an example of an indecent act with intent to insult or offend

A

Same as indecent act in a public place wi the necessary intent

96
Q

What is the defence for indecent exposure

A

If the person can prove on reasonable grounds that they would not be seen

97
Q

Initial action at the scene of a serious sexual assault

A

Freeze, control, preserve
Instruct victim not to:
Was, change clothes, use unnecessary medical aids, change appearance, go to toilet, return to the scene or travel in the same car as offender causing cross contamination. Record everything the victim can recall about the offender and their vehicle.

98
Q

Guidelines for dealing with victims of sexual assault

A

Conduct your dealings with the victim in a sensitive manner
Accept that they are telling the truth
Listen to what they have to say let them give an account in their own words
Seek medical attention if required
Treat them courteously
Explain the process you will follow and why
Advise the victim of counselling services

99
Q

What can you do under section 110?

A

Assist a medical practitioner

100
Q

What does not constitute consent

A

Asleep or unconscious
Affected by drugs or alcohol
Offers no resistance
Allows because of force applied or the threat or fear of applied force
Mistaken about the nature and quality
Mistaken about who the person is
Affected by an intellectual, mental, physical condition to such an extent that they can not give or refuse consent

101
Q

What is an occupation order?

A

Entities the applicant to live in a house without respondant.

102
Q

What is a tenancy order?

A

Entitles the applicant to live in a rented house without respondent.

103
Q

What is a ancillary furniture order?

A

Entities applicant to furniture in a home.

Made with a tenancy or occupation order.

104
Q

What is a furniture order?

A

Same as a ancillary furniture order but made on its own.

105
Q

When can someone be bailed?

A
  • Summary offence
  • Arrested without warrant
  • Police consider it prudent to do so
  • Can’t be seen before the court in the next 24hrs
106
Q

What do you have to explained to the bound person in a PSO?

A

Purpose
Effect
Duration
Consequences

107
Q

What is the definition of intimate partner violence

A

Violence by one person to another who is there partner or spouse. Includes violence that is physical sexual and psychological.

108
Q

What is the definition of family violence

A

Violence by one person to any other person if that person is or has been in a relationship or is a family member

109
Q

If someone has breached a PO and you are going to bail them you must first…

A

Get it authorised by a nco
Impose conditions of bail including curfew
Bail conditions must not interfere with their employment
Inform the victim

110
Q

What is there it consider when issuing a PSO?

A

No offence

Think violence will happen

111
Q

What is there to consider in a Protection Order?

A

Offence committed
Breached PSO
Violence committed

112
Q

What is a special patient?

A

Committed a crime so criminally insane.

113
Q

What is a restricted patient?

A

Patient with mental health issues and deemed a danger to society and not necessarily committed crime.

114
Q

What are the 5 categories of people police CAN breath test

A

Anyone involved in a crash
Anyone driving a vehicle
Anyone attempting to drive a vehicle
Anyone u have good cause to believe has committed an offence against the act
Where the driver is not known and u have good cause to suspect that passengers have been involved in a accident

115
Q

What is the full definition of a firearm

A

Anything that has been adapted or by its completion or the replacement of any component parts or correction or repair of any defects would be a firearm

116
Q

What is section 6 of Cypfs

A

The welfare and interests of the child or young person shall be the first and paramount consideration

Other (Matt's) (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions