Short answer Flashcards
Conspiracy section and penalty
Section 310 CA 61
offence > 7 years = 7 years
any other case = same penalty
Four elements of conspiracy that the crown must prove
- two or more people were involved
- An agreement was made
- The agreement was to commit an offence
- At the time of the agreement there intention was to commit the offence
Mulcahy v R
Conspiracy
A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means. so long as such a design rests in intention only it is not indictable
intent - agreement = no conspiracy
give an example of an omission or failure to act
Conspiracy
A security guard deliberately fails to lock a door that he would normally secure (the omission), with the aim being that his associates gain entry to commit a burglary (the offence).
When is a conspiracy complete
When the agreement is made with the required intent.
R V Sanders
conspiracy
“A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in the operation and therefore in existence until it is ended by completion of its performance or abandonment or in any other manner by which agreements are discharged.”
In a conspiracy does the offence have to be planned?
No, A simple verbal agreement will suffice and there is no need for them to have made a decision on how they will actually commit the offence.
R v WHITE
Conspiracy
Where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown, that suspect can still be convicted even if the identity of the other parties is never established and remains unknown.
Can you conspire with your spouse or civil union partner
Yes
Attempts
Section + definition
Section 72 CA 61
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence
Outline the three elements that must apply for an attempt conviction to succed
- Intent to commit an offence
- Act, they did or omitted to do something to achieve that end
- Proximity - that their act or omission was sufficiently close
R v RING
Attempts
In this case the offender’s intent was to steal property by putting his hand into the pocket of the victim. Unbeknown to the offender the pocket was empty. Despite this he was able to be convicted of attempted theft, because the intent to steal whatever property might have been discovered inside the pocket was present in his mind and demonstrated by his actions. The remaining elements were also satisfied.
R v HARPUR
(Attempts)
(sufficient proximity to completing the full offence)
“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”
The test for proximity
Attempts
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or
- Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
Can a person be charged with attempts where it is legally possible but physically impossible to commit the offence?
Yes, so long as the offender has the necessary intention and performs the necessary act
HIGGINS v Police
Attempts
Where plants being cultivated as cannabis are not in fact cannabis it is physically, not legally, impossible to cultivate such prohibited plants. Accordingly, it is possible to commit the offence of attempting to cultivate cannabis.
Police v Jay
Attempts
A man bought hedge clippings believing they were cannabis.
R V Donnelly
(Attempts)
(legally impossible)
Where stolen property has been returned to the owner or legal title to any such property has been acquired by any person, it is not an offence to subsequently receive it, even though the receiver may know that the property had previously been stolen or dishonestly obtained.
outline the three occasions where the accused has no defence due to changing their mind or making voluntary withdrawal after committing an act sufficiently proximate to the full offence
(Attempts)
- were prevented by some outside agent from doing something that was necessary to complete the offence; eg interruption from police
- failed to complete the full offence due to ineptitude, inefficiency or insufficient means, eg insufficient explosive to blow apart a safe
- were prevented from committing the offence because an intervening event made it physically impossible, eg removal of property before intended theft.
Outline the functions of the judge and jury in relation to attempts
The judge must decide whether the accused had left the preparation stage and was already trying to effect completion of the full offence. (proximity is a question of law)
The jury must then decide whether the facts presented by the Crown have been proved beyond reasonable doubt and, if so, must next decide whether the defendant’s acts are close enough to the full offence.
Party to an offence
section + defenition
Section 66, CA 61
(1) Every one is a party to and guilty of an offence who-
(a) Actually commits the offence; or
(b) Does or omits an act for the purpose of aiding any person to commit the offence; or
(c) Abets any person in the commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.
(2) Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.
Describe the difference between a principal offender and a secondary offender
( Parties)
A person will be a principal offender, and liable under s66(1)(a), where he or she personally satisfies the actus reus and mens rea requirements of the offence.
Secondary parties are those people whose assistance, abetment, incitement, counselling or procurement is sufficient under s66(1)(b), (c) or (d) of the Crimes Act 1961 to make them also liable due to their participation in the offence committed by the principal(s). This is despite the fact that the secondary party does not themselves commit that offence.
R v PENE
Parties
A party must intentionally help or encourage – it is insufficient if they were reckless as to whether the principal was assisted or encouraged.
R v Renata
Parties
The court held that where the principal offender cannot be identified, it is sufficient to prove that each individual accused must have been either the principal or a party in one of the ways contemplated by s66(1).
To be considered as a party to an offence when must ‘participation’ have occurred
To be considered a party to the offence, participation must have occurred before or during (contemporaneous with) the commission of the offence and before the completion of the offence.
LARKINS v Police
Parties
While it is unnecessary that the principal should be aware that he or she is being assisted, there must be proof of actual assistance.
ASHTON v Police
Parties
An example of a secondary party owing a legal duty to a third person or to the general public is a person teaching another person to drive. That person is, in New Zealand, under a legal duty to take reasonable precautions, because under s156 of the Crimes Act 1961 he is deemed to be in charge of a dangerous thing.
R v RUSSELL
Parties
The court held that the accused was morally bound to take active steps to save his children, but by his deliberate abstention from so doing, and by giving the encouragement and authority of his presence and approval to his wife’s act he became an aider and abettor and thus a secondary offender.
R V Betts & Ridley
Parties
An offence where no violence is contemplated and the principal offender in carrying out the common aim uses violence, a secondary offender taking no physical part in it would not be held liable for the violence used.
What three must you prove when charging as a party to an offence
- the identity of the defendant, and
- an offence has been successfully committed, and
- the elements of the offence (s66(1)) have been satisfied.
Explain and give examples of the following terms
Aids Abets Incites Counsels Procures
AID
To aid means to assist in the commission of the offence, either physically or by giving advice and information. In order to aid, the presence of the person offering the aid is not required at the scene, before, or at the time of the offence being committed.
Keeping lookout for someone committing a burglary
ABETS
Abets means to instigate or encourage; that is, to urge another person to commit the offence. As with aiding, the presence of the abettor at the scene of the offence at the time of its commission is not required.
A woman discovers her husband with another person. A fight breaks out between the woman and the other person. While the fight continues the husband encourages the other person to kill the wife.
INCITES
To incite means to rouse, stir up, stimulate, animate, urge or spur on a person to commit the offence
For example, a sports fan spurs on another fan to assault a protester and yells approval while the offence takes place.
COUNSELS
Counsels means to intentionally instigate the offence by advising a person(s) on how best to commit an offence, or planning the commission of an offence for another person(s). Counselling may also mean “urging someone to commit an offence”, in which case it will overlap with incitement.
a letter, authored by another party and instructing how to blow open a safe, was found in the possession of two offenders, at the scene of a commercial burglary. The letter writer was charged as a party, despite the fact he was not aware of the time, manner or place to be burgled.
PROCURES
Procurement is setting out to see that something happens and taking the appropriate steps to ensure that it does.“Procures” requires that the secondary party deliberately causes the principal party to commit the offence. It requires a stronger connection between the secondary party and the commission of the offence than is evidenced in aiding, abetting or inciting.
A woman obtains the services of a ‘hit man’ to kill her husband and offers money or sexual services to him as payment.
Identify two exceptions to passive presence rule and what was held
1 Special relationship
Where there is a special relationship and no intervention on the part of the person who would be a party, then this might amount to approval and encouragement of the principal offender’s actions.
2 Legal duty
The special relationship is also dependant on the person who would be a secondary party having a legal duty to act and a right or power of control over the principal offender.
Define an innocent agent
(Parties)
An innocent agent is someone who is unaware of the significance of their actions.
In cases where the offenders use an innocent agent to bring about the actus reus, the innocent agent is not regarded as a participant in the offence, they are simply the mechanism.
The law treats the offender as the principal in such cases.
Outline two methods by which multiple offenders may be considered to be principals
(Parties)
Each offender satisfies elements of the offence committed
Each offender separately satisfies part of the actus reus
Give three examples of providing assistance
Parties
Keeping lookout for someone committing a burglary.
• Providing a screwdriver to someone interfering with a motor vehicle.
• Telling an associate when a neighbour is away from their home to give them the opportunity to commit a burglary
Accessory after the fact
Section + penalty
71(1) CA 61
7/5/ 1/2
What must the crown prove to obtain a conviction for accessory after the fact
Person A is party to an offence and has been received comforted or assisted by person B
Person B knew Person A was a party to the offence at the time of receiving comforting or assisting
Person B received comforted or assisted person A or tampered with or actively suppressed any evidence against person A
At the time of R/C/A etc person B’s purpose was to enable person A to escape after arrest or to avoid conviction
Can a wife be charged as an accessory if assisting their spouse and one other who is with their spouse?
No, she has a statutory defence S71(2) CA 61.
This does not apply to defacto or other family relationships
Can a person still be convicted as an accessory if the offender has been acquitted of the offence
Yes, unless the accessory’s conviction is inconsistent with the acquittal of the original offender
Difference between receiving and AATF
Receiving
Property is received with guilty knowledge or recklessness but it is not necessary to prove he receiver specific intent
AATF
The prosecution must prove that possession of the property was obtained for the specific purpose of assisting the thief to evade justice
What is required to be proved in receiving
- act of receiving
- any property stollen or
- obtained by any other imprisonable offence
- knowing that at the time of receiving the property that it had been stolen or obtained by any other imprisonable offence or
- being reckless as to whether or not the property had been stolen or so obtained
Receiving
Act
+ penalty
Section 246
Penalty section 247
Value over $1000 = 7y
Value over $500 up to $1000 = 1y
Value up to $500 = 3month
When is the act of receiving complete
As soon as the offender has either exclusively or jointly with the thief or any other person, possession of or control over the property or helps in concealing or disposing of the property
R v COX
Receiving
Possession
Possession involves two elements. The first, often called the physical element is actual or potential physical custody or control. The second often described as the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to excercise possession
Actual possession and physical possession
Actual possession arises where the thing in question is in a persons physical custody or control
Potential possession arises when the person has the potential to have the thing in question in their control. For example, storing the thing in question at an associates house or through an agent.
R v LUCINSKY
Receiving
The property received must be the property stolen or illegally obtained (or part thereof) and not some other item for which the illegally obtained property had been exchanged
List examples of circumstances commonly relied on as evidence of guilty knowledge on the part of the receiver
- possession of recently stolen property
- nature of the property i.e type, value, quantity
- purchase at a gross undervalue
- secrecy in receiving the property
- receipt of goods at an unusual time
- receipt of goods at an unusual place
- receipt of goods in an unusual way
- concealment of property to avoid discovery
- removal of identifying marks or features
- steps taken to disguise property
How do you void title
- communicate directly with fraudster
- advise police before goods sold
- take all possible steps to contact fraudster
R v HEARD
Demands intent to steal
Section 239 CA
The form of words used for a demand does not matter. Demand is a strong word, but a demand does not have to be couched in abusive terms, so long as it is clear that it is a request for something
Age for CPP and criteria
Under 18 at time of making complaint
- sexual abuse
- physical abuse
- neglect
Physical abuse injuries/actions for CPP referrals
- blow or kick to head
- shaking an infant
- strangulation
- use of an object as a weapon
- attempted drowning
- a bone fracture
- burn
- concussion or loss of consciousness
- any injury hat requires medical attention
- any bruising or abrasion (when infant)
Initial 3 steps OT and police must follow
CPP
Referral (info sharing)
Consultation (discussion)
Agreement (on initial action, initial joint investigation plan)
CPP timeframes
Critical - 24hrs
Very urgent - 48hrs
Urgent - 7 days
Section 127 CA 61
Sexual offences
No presumption of age
any person can be involved in a sexual connection
Attempted Sexual Violation
Section
Assault with intent to commit sexual violation
Section 129(1) CA 61
Section 129(2) CA 61
Attempted sexual connection with a child under 12
Section + penalty
Section 132(2) CA 61
10 years
Defence to a charge of sexual connection with young person
Section 134A CA 61
- Taken reasonable steps to ascertain YP was 16 AND
- Believed on reasonable grounds the YP was at least 16 AND
- The YP consented
Incest
Section + ingredients
Section 130 CA 61
- Sexual Connection
- 2 people, parent and child (incl adoptive), siblings, half siblings, grandparent and grandchild
- persons charged knows
- over 16
Sexual conduct with a dependant family member
Section
Ingredients
Section 131(1) CA 61
- Everyone
- Has Sexual Connection
- With a dependant family member under 18
Dependant family member
Section 131A CA 61
(1) For the purposes of section 131, one person is a dependent family member of another person—
(a) if the other person has power or authority over him or her, and is—
(i) his or her parent, step-parent, foster parent, guardian, uncle, or aunt; or
(ii) a parent, step-parent, or foster parent of a person described in subparagraph (i); or
(iii) a child of his or her parent or step-parent; or
(iv) the spouse or de facto partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii); or
(b) if they are members of the same family, whanau, or other culturally recognised family group, and the other person—
(i) is not a person referred to in paragraph (a); but
(ii) has a responsibility for, or significant role in, his or her care or upbringing; or
(c) if he or she is living with the other person as a member of the other person’s family, and the other person is not a person referred to in paragraph (a), but has—
(i) power or authority over him or her; and
(ii) a responsibility for, or significant role in, his or her care or upbringing.
(2) In subsection (1),—
aunt, in relation to a person, includes a half-sister of one of the person’s parents
Sexual Offences 45
foster parent includes a former foster parent
guardian—
(a) means guardian by virtue of the Guardianship Act 1968 or the Children, Young Persons, and Their Families Act 1989; and
(b) includes a former guardian
step-parent includes a former step-parent
uncle, in relation to a person, includes a half-brother of one of the person’s parents.
Section 44 Evidence Act 2006
identify and discuss
(1) In a sexual case no evidence can be given or question put to a witness relation to their sexual experience other than with the defendant.
(2) no evidence or questions regarding complainants sexual reputation
(3) Judge can grant permission if it is contrary to the interests of the public to exclude it
Section 87 Evidence Act 2006
identify and discuss
Particulars of the witnesses address may not be questioned or included unless permission from the judge
Section 97 Criminal procedures act 2011
Persons who may be present in court during witness oral evidence
- judge
- prosecutor
- defendant
- lawyer
- officer of the court
- O/C case
- media
- anyone requested by the complainant
Sexual case definition
Section 4 Evidence Act 2006
Section 128 - 142A, and 144A
What must an initial joint investigation plan cover (IJIP)
- immediate safety of the child at risk
- referral to medical practitioners
- management of initial interview of the child
- if a joint visit Is required
- collection of physical evidence
- any further actions, consideration of multi agency approach
Appreciation
AIM
FACTORS
COURSES OPEN (Adv and disadv)
PLAN
Who does ASA policy apply to
Any person 18 or over at time of reporting a sexual assault
including
- rape, USC
- indecent assault
- unwanted or coercive touching of a sexual nature
- sexual abuse
- incest
ASA investigator
Employee who has completed the specialist training or CIB Induction course
ASA timing categories
Acute - 1 to 7 days
Non acute - 7 days to 6 months
Historic - 6 months on
ASA key process points
- Purpose of a Preliminary Interview
- Actions taken at the completion of a Preliminary Interview
- Information required to be provided to a victim
- Primary Objective of a medical examination
- Timings of Medical examinations
- Procedures prior to conducting a medical examination
- Procedures after a medical examination
Definition of physical abuse
CPP
The actions of an offender that result in or could potentially result in physical harm or injury being inflicted on a child. This can also be known as a non-accidental injury. The test for seriousness is determined by considering the action, injury and circumstances.
Appreciation
Define:
Commanders intent
Constraints
What you are tasked to do or what the situation may require you to do
Any limitations given to you by the commanders intent or out of other information.
Credit
obtains by deception
obligation on the debtor to pay or repay, and the time given for them to do so by the creditor
Ernie buys a stereo from Noel Leemings using a stolen credit card.
Before staff at Noel Leemings are aware the credit card was stolen Ernie gives the stereo to Bert after telling him how he had purchased it.
Is Bert liable for receiving?
No because the complainant had not voided the title to the stereo before Bert received it
S & S
Section 15
Entry without warrant to find and avoid loss of evidential material + 14 years
- Enter and Search a place
- RGTS imprisonable offence 14 years or more
- RGTB evidential material relating to the offence will be CADD
S & S
Section 16
Search people in public place for evidential material + 14 years
- Search a person
- RGTB person in possession of evidential material relating to I.O + 14 years
S & S
Section 17
Warrantless entry and search of vehicle (public place) + 14 years
- Enter and search vehicle
- RGTB evidential material relating to I.O +14 is in/on vehicle
S &S
Section 112
Items of uncertain status may be seized
- If exercising search power
- seize for analysis
S & S
Section 117
Special power with application of search warrant
- S.W has been/about to be/currently being made
- officer present
- enter and secure place/vehicle/other
- secure items
- RGTB evidential material may be CADD
- expires in 6 hours or when S.W arrives or is denied
S & S
Section 123
Seize items in plain view
- exercising search power or lawfully in a place
- RGTB item seized under S.W
S & S
Section 45
Restrictions on trespass surveillance
- Undertake trespass surveillance
- obtain evidential material
- += 7 years
- against 44,45,50,51,54,55 AA 83
S & S
Section 46
Surveillance device warrant required
exceptions for warrant:
- private activity in public areas
- private activity in the curtilage for single investigation for 3 hours in a 24h period, 8 hours in total
S & S
Section 47
Activities that do not require warrant
- lawfully in private premises and record without surveillance device
- one person consents in an oral conversation
S & S
Section 48
Surveillance device not needed in emergency
- 48 hours max
Curtilage
- Land immediately surrounding a house or dwelling including close buildings and structures
- not open fields beyond
- home owner can have a reasonable expectation of privacy
Surveillance device
one or more of
- interception device
- tracking device
- visual surveillance device
Visual surveillance device
electric, mechanical, electromagnetic, optical or electro-optical instrument apparatus or equipment used to observe or record
not a Visual surveillance device
spectacles
contact lenses
O/C Body Responsibilities
CSI GOD DAMMIT ME RAPED
Certificate - verification of death form COR31
Sudden - death procedure completed
In-situ - ensure body photographed in-situ, consider video
Guard - secure & guard the body/samples & exhibits with dignity/respect
Observations - note and record observations of the body
Details - of all medical staff who attend
Da bros - ensure all cultural responsibilities addressed
Maintain - security & continuity of the body/samples/exhibits
Moved - establish if the body has been moved or disturbed
I.D - arrange formal ID on authority of the OC
Transport - arrange transport to the mortuary on OC authority
Mortem - attend post mortem with OC or deputy
Evidence - preserve evidence from the body
Record - what actions has been taken by any party in respect of the body
Arrange - fingerprints & palm prints
Photographer - direct photographer take photo’s before/after/during PM
Exhibits - record, label & secure all samples & exhibits from the body
Debrief - attend the debriefing with the pathologist & record findings
O/C Body responsibility at Mortuary
I See Dead People K
Id - arrange formal id Secure - Secure and label body in fridge Dont - Dont wash body Present - Present condition the body must remain in before P.M Key retained until it is needed for P.M
O/C Body duties when recording position of body
- Position of limbs
- Appearance of body
- Wounds and clothing
- Direction of any trails of blood
- Extent of rigor mortis
- Lividity, if present
Purpose of a P.M
Establish the cause of death
- Mode and time of death
- How injuries contributed to death
- Nature and size of weapons
- approximate height and stature of suspect
- provide areas of interest for interviews
- negate defences
- ID victim
ASA information to give medical practitioner
- Age and Gender
- When the assault occurred
- Brief outline of information, inc drugs, injuries, intoxication
- if relevant discuss victims wishes about doctors gender
ASA
Debrief of medical practitioner
(before MEK kit sealed)
- Immediate needs of victim
- Verbally summarie exhibits
- Identify forensic items for ESR
- Identify injuries for Photography
- Any significant disclosures by victim
ASA
Purpose of preliminary interview
Gain a better understanding of what has occurred and to determine:
- What further investigation actions are necessary
- Whether an offence may have occurred, and
- Whether the victim wishes to make a formal complaint
Extort
Means to obtain or retain by coercion or intimidation
Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property
Being together with any other person or persons
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery
Being together in the context of section 235(b) involves “two or more persons having the common intention to use their combines force, either in any event or as circumstances might require, directly in the preparation of the crime”
R v Galey
The Crown must establish that at least two persons were physically present at the time robbery was committed or the assault occurred
R v JOYCE
R v Taisalika
The nature of the blow and the gash which it produced on the complainants head would point strongly to the necessary intent.
R v Tihi
In addition to one of the specified intents outlined in paragraph (a) (b) (c) “it must be shown the offender either meant to cause the specified hard or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it
Deception
Sec 240(2)
False representation, whether oral, documentary, or by conduct and the person making the representation knows that it is false material.
An omission to disclose a material particular.
A fraudulent device, trick or stratagem.
By any violent means renders any person incapable of resistance
ANY VIOLENT MEANS
Includes the application of force that physically incapacitated a person
“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity
R v CROSSAN
Factors
Appreciation
- Human Resources
- persons to be policed
- ground
- time
- area
- climate
- administration and logistics
- communications
- courses open to person being policed
- law
3 stages of money laundering
Placement
Layering
Integration
Initial action
en-route to scene
IRIP
Information - obtain all information from comms.
Responsibilities - discuss with your partner about roles and responsibilities.
Plan - plan your approach to the scene
Immediately - Immediately inform Comms of your arrival and obtain acknowledgement.
Initial action arriving at the scene
NICERVISAS
Note arrival time Informant - obtain facts and details Comms - maintain Comms, provide sfp Establish what has happened, take notes. Remember to record or mark out a clear approach.
Vehicles, stop and record vehicles Identify any interference in the scene Sitrep Approach the scene take relevant equipment. Safety
Initial action
Responding to the victim
PPP
Preserve life.
Protect from further injuries.
Preliminary interview.
Initial action
When victims show no sign of life
CORPSE
Call an ambulance, attempt resuscitation.
Obtain confirmation of life extinct.
Record everyone, any previous movement and exhibits, bod position.
Person (victims) id.
Sketch plan.
Early update to OC investigation.
Initial Action
When victims are injured
Dont find Dying People Its Very Annoying
Declaration or statement First aid and ambulance DNA Preliminary interview Injuries - Record and photograph Victim is a seen Accompany to hospital
Initial Action
Suspects
PRINCES
Preliminary interview and return to the station.
Record comments.
Isolate.
Note the suspects appearance.
Co-operation, seek it
Establish routes the suspect used to arrive.
Search, consider it
Scene control and security
Control
Freeze
Guard
Preserve
Initial Action
Control
CONTROL
Clear the scene, take nothing. Order witnesses/suspects to clear area. Not to discuss with each other. Take witnesses/suspects to station. Rivals kept apart. Obtain full particulars. Left the area - Who has?
Initial Action
Freeze
FREEZE
From or to scene, no movement. Remove animals and activity. Ensure nothing touched or moved. Every activity is stopped. Z Exhibits are protected
If movements are required keep a register
Initial Action
Guard
GUARD
Guard is appointed and briefed. Use civilians if necessary Assembly point - SFP Rolls of emergency tape Define boundaries
Initial Action
Scene Guard Duties
MR SCENE GUARD
- Maintain log/register, include name/authority/purpose/time
- Record all movements to and from scene.
- Secure Scene, prevent unauthorised access unless O/C authorises.
- Communicate info to O/C scene or CSC.
- Ensure common approach path used.
- No discussion with public/media
- Ensure no disturbance, do not enter
- Guard, protect scene, prevent animals, be vigilant.
- Use courtesy with civilians/witnesses.
- Advise O/C of actions taken
- Relief brief relieving scene guard and handover.
- Duty, remain until relieved.
Initial action
First arriving CIB member
Four step process
RAGE
Gain information
Ensure initial actions are attended to.
Reconnaissance - conduct one
Appreciation - complete one and take any immediate action
Initial Action
Gain information
3 x Q’s + MOSES
Q - What has been done
Q - What is being done
Q - What actions are required to be done.
Post event history
Movement of body for first aid Other emergency services attendance Scuffles with suspects during arrest. Exhibits being uplifted Staff moving through scene
Initial Action
Considerations for ensuring initial actions are complete
VICTIM
- Assess risks
- Plan response and approach
- Preserve life
- Preliminary interview
SCENE
- Set path in and out
- Clear
- Boundaries
- Guard
- Control
- Freeze
- Preserve
- Observe
- Note and record
WITNESSES
- Separate
- Contain
- Preliminary interview
SUSPECTS
- Seperate
- Contain
- Preliminary search
- Preliminary interview
- Record demeanour
- Record comments
STAFF AND PUBLIC SAFETY
- Ensure there are no aspects of the scene that may harm staff or public safety
Initial Action
Staff and public safety
STAFF AND PUBLIC SAFETY
- Ensure there are no aspects of the scene that may harm staff or public safety
Initial Action
Conduct a reconnaissance purpose
To ensure all initial action has been completed
Forms the basis of a crime scene plan/stratergy
Initial Action
Appreciation factors
- Weather
- Time of Day
- Time until formal examination
- likelihood of people returning to scene
- likelihood of people interfering with scene
- legal aspects
Initial Action
3 Reconsiderations
Scene Boundaries
Scene guard position
Uplift exhibit
Initial Action
After immediate action
BRAG PCT BS
- Boundaries of scene are correct
- Register/log scene
- Approach path has been established (common)
- Guards at scene are brief
- Preserve and secure exhibits
- Clear scene of people
- Take witness/suspects to station for interview
- Brief Police at scene
- Scene preserved and secured
Initial Action
What to advise when further CIB members arrive
The situation
What has been done
What is to be done
What needs done immediately
Objectives or a crime scene examination
NEVER LICKS
Negate defences. Exonerate innocent. Verify confessions or admissions. Establish if offence has been committed. Reasses evidence, corroborate/exclude
Link suspect to victim or scene Id people associated with the offence. Corroborate or contest witness accounts. Key elements of other offences established. Suspect ID
O/C Scene responsibilities
COPS LECTURES
Control/freeze/preserve the scene
Oversee and coordinate the scene exam.
Proving relevant exhibits in court
Staff briefed of their duties.
Link to O/C investigation, communication
Ensure scene photo/fingerprints done before search.
Common approach path between cordon and scene.
Test possible reconstruction.
Uplift and transport exhibits to O/C exhibit.
Reconnaissance to gain overall picture
Exam planning and strategy.
Safety of the scene.
Reconnaissance definition
A reconnaissance is the preliminary inspection or survey made to get an overall picture of the scene without disturbing the evidence
Reconnaissance purpose
Crime scene examination
PAP
Is to make a:
- Preliminary Reconstruction
- An appreciation
- Plan of action
Steps involved in making a reconnaissance
SCARFZ
- Sketch the scene and note anything of significance
- Create a common approach path
- Anything effecting evidence, Note and deal with it.
- Reconsider scene boundaries
- Find and Gather available information from staff/complainant/witnesses
- Zones, consider placement hot/warn/cold zones
O/C scene appreciation factors
- Staff available
- Weather
- Seriousness of offence
- type and size of area
- equipment/specialists required
- logistics
- priorities
- power to search
- placement of hot/cold/warm zones
- contamination risks
- staff safety
O/C scene appreciation plan
- Zone placement hot/cold/warm
- how to protect scene from contamination
- how exhibits will be handled
- starting place
- search method
- likelihood of evidence deteriorating
- specialists required
- individual tasks and responsibilities
- recording system that will be used.
O/C Scene
Minimising contamination risks
- Preserve and control scene
- Stepping plates
- Decontamination Zones
- Protective clothing
- New and clean packaging materials
- Accurate scene and exhibit records.
- Record personal attending
- Avoid examining associated crime scenes.
- Ensure exhibit integrity and with correct recording and labelling
- Obtain elimination fingerprints, footwear and DNA swabs
Damages by fire
Although fire damage will often involve burning or charring, it is not necessary
that the property is actually set alight; melting, blistering of paint or significant
smoke damage may be sufficient
R V MORLEY
Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired
O/C Exhibit responsibilities
MURDERCLASP
Movement - record all movement of exhibits
Uniquely numbered - ensure all exhibits are
Receiving exhibits from O/C scene
Delivering the exhibits for examination or analysis
Exhibit register - record all exhibits
Relevance of the exhibits, consult the 2 I/C on the relevance and indicate any further enquiries required in relation to exhibit
Continuity maintained through chain of custody
Label - ensure all exhibits are labelled by the finder and accompanied by an exhibit schedule
At court, prepare the exhibits for producing in court
Secure the exhibits
Produce the relevant exhibits in court
When exhibits are found at a scene
O/C Exhibits
PERFORMS
Photo in situ Ensure they are not touched Reconstruction, consider if significant Fingerprints are required, consider O/C scene advise to view Ruler - measure position from fixed points Mark position where it was found Sketch position in a plan
Exhibit numbering system key atributes
Be Consistent
Allow delegation of exhibit numbers to the staff who will be using them
Cope with multiple scenes
Be compatible with technology, allowing searching to be conducted using exhibit numbers
Encompass all exhibits, e.g MEK’s, reference blood samples and photographs sent to ESR.
Exhibit numbers
Admin - 10000 Victim - 15000 Witness - 20000 Area Enquiries - 25000 Scenes - 30000 Suspects - 70000
Splitting an exhibit
Additional exhibits should, where possible, be assigned the sequential exhibit numbers following the original exhibit number.
Only five digit exhibit numbers should be used.
DO NOT USE POINTS OR SLASHES
Storing and examining exhibits
Ensure any prompt action necessary to preserve the exhibit has been taken, for example, drying wet or bloodstained clothing in an appropriate drying facility.
AIR DRY ENSURING NOT TO CROSS CONTAMINATE
SEC 214
O.T 89
WEEP
Ensure appearance in court Prevent further offences Prevent loss or destruction of evidence Prevent interfering with witnesses Cat or Cat 3 offences max penalty life or at least 14yr AND believe public interest
Youth notification of arrest time
3 Days to report to commissioner
SEC 214A
O.T 89
May arrest without warrant if on bail and believe on reasonable grounds breached bail on 2 or more occasions
SEC 215
O.T 89
give rights - SADBAD
Suspect - RGTS CYP has committed an offence
Asks - Where CYP makes an enquiry relating to explanation of rights
Decided to charge CYP
Before asking CYP questions intended to obtain an admission
Arresting CYP
During questioning, the officer forms GCTS the CYP has committed the offence
SEC 218
O.T 89
Explain the rights to a CYP in a manner they understand.
Get them to repeat there rights back to you
SEC 222
O.T 89
Nominated Adult
Parent, guardian, adult family member, or any adult nominated by YP.
Allow them to choose another one.
Can refuse CYP choice if
- RGTB person nominated will attempt or is likely to pervert course of justice OR
- Cannot reasonably locate or be available in reasonable time.
