Socrative Flashcards
When does the offence of Conspiracy exist under S310 of the CA1961 & when is the offence complete
The offence exists when there is an agreement between 2 or more people to do an unlawful act or a lawful act by unlawful means. The offence is complete upon the agreement being made with the required intent.
Re attempts, what is the “Test for Proximity” as outlined by Simester & Brookbanks
commenced execution, taken a step in the actual crime itself.
Hayden tries to steal Acton’s yellow plaid shirt by reaching into Actons gym bag in the locker room at work, believing this is where Acton keeps his stepping out threads for after class. It turns out the bag contains only shirts of more subdued hues of blues & greens which Hayden isnt interested in so he takes nothing and skulks back to his desk to do some more study. Is Hayden guilty of attempting to steal the yellow shirt.
Case Law
A No because it was factually impossible, given that the shirt wasn’t in the bag.
B Yes you can still be guilty of an attempt when it is factually impossible to complete the full offence (R v Ring)
C No, Clearly Hayden never had the intent to steal Actons shirt as Hayden is way to fly to ever want to wear a Yellow shirt
R v Ring
B Yes you can still be guilty of an attempt when it is factually impossible to complete the full offence (R v Ring)
Conan finally loses his cool at Laura for her constant elder abuse, and throws a solid state laptop at her noggin to teach her a lesson. The laptop kills Laura instantly and Conan never has a chance to tell her how much he really appreciates her. Conan has murdered Laura. He grieves the loss of the shattered laptop which is only a stupid i-thing anyway, then buries Laura in the Waitaks; having as he does little respect for the natural beauty of West Auckland given that he was born and raised a Shore Boy. His sleeveless puffer jacket is covered in dark wet soil and blood, he turns up at Kristis place where the lamps are burning long into the night as she chants liabilities aloud like a mad woman. Conan knocks on the door and asks Kirsti if she needs some help studying; he would be happy to talk to her at length about onion browsers or some such is she would do him a favour and chuck his grubby sleeveless puffer jacket in the wash for him. Kirsti obliges as she is much kinder than Laura when it comes to elder care.
Kirsti is guilty of being an Accessory after the fact to Laura’s murder T or F
False
At the time of the assistance being given, an accessory must possess the knowledge that;
an offence has been committed,
and
the person they are assisting was a party (principal or secondary) to that offence.
What held in the case of R v Betts and Ridley with regards to the type of of Party liability contemplated by s66(2) CA1961
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.
A male is wanting to burgle a commercial premises. He has visited the premises several times during opening hours to check out the alarm systems and entry points. Has the male committed the offence of attempt.
A Not committed an attempt because his actions amount to mere preparation.
B Committed an attempt because his intention is to commit a burglary and he has carried out an act to further that offence.
C Committed an attempt to commit burglary as his actions by visiting the address go beyond mere preparation and constitute an attempt
A Not committed an attempt because his actions amount to mere preparation.
In relation to being a party to an offence S66, CA1961 Offenders can also be charged as parties to any other offence (offence B) that any one of them commits in order to assist in the commission of the offence originally agreed to (offence A) R v Betts & Ridley provided an exception to this rule. What was held in this case?
A To be in a room and witness a Rape is not sufficient to render a person liable
B 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.
C A person guilty as a party if he is present at the scene of a crime and does nothing to prevent the actions of the other in any subsequent offences.
B 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.
The conspiratorial agreement requires the operation of both physical and mental faculties. What is the requisite actus reus for a charge of conspiracy.
A That the conspirators made some form of progression towards the completion of the offence however trivial. The acts or omissions need not be sufficiently proximate to the full offence
B That the conspirators carry out an act or omission relating to the illegal conduct on which the agreement is based.
C That there was an agreement by two or more people to carry out the illegal conduct
C That there was an agreement by two or more people to carry out the illegal conduct
When dealing with a case of attempt, S72(1) CA1961, the judge and jury have specific roles. Outline the functions of the Judge and Jury in these cases?
Function of the Judge
The judge must decide whether the accused had left the preparation stage and was already trying to effect completion of the full offence. The accused need not have taken all the steps necessary towards completing the full offence. If the Judge decides that the defendants actions were more than mere preparation the case goes to jury.
Function of the Jury
The Jury must decide whether the facts presented by the Crown have been proved beyond reasonable doubt and if so decide whether the defendants acts are close enough to the full offence.
If the Jury finds the actus reus has been established, it must also find the same in respect of the mens rea - that is the prosecutions evidence must also convince the jury beyond reasonable doubt that the defendant intended to commit the full offence.
Mens Rea goes to what was the offender thinking at the time the offence was committed. T or F
True
Explain your understanding of Actus Reus
Actus Reus is the offenders criminal conduct. Their actions, conduct and behaviour that constitute a persons criminal liability along with the requisite Mens Rea (intent)
generally who has to prove Actus Reus and Mens Rea
A Judge
B Defence
C Prosecution
D All of the Above
C Prosecution
Aside from actually committing the offence the five remaining actions for a person to become liable for the offence of parties under S66(1) are; Aids Abets Encourages Counsels Procures T or F
False Aids Abets Incites Counsels Procures
What was held in R v Crooks in relation to KNOWLEDGE (accessory after the fact)
Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient.
What is the case law in respect of when robbery is complete
A R v Lapier
B R v Maihi
C R v Taisalika
D R v Joyce
A R v Lapier
If the court is satisfied that a defendant acted with claim of right, he or she is entitled to an acquittal on a charge of theft. Acting with claim of right is therefore a defence to a charge of robbery.
Case Law
T or F
T
Yes, because theft is an ingredient of robbery, if theft cannot be proven, robbery cannot be proven.
R v Skivington
What does extortion mean with respect to a charge of robbery.
A To Obtain by coercion or intimidation
B To prevent resistance to the property being stolen
C To prevail over in a time of conflict
D To receive something when a request for it has been made
A To Obtain by coercion or intimidation
For a charge of Aggravated Robbery under S235(b) there must be proof that in committing the robbery the defendant was part of a joint enterprise by 2 or more people who were physically present at the robbery.
T or F
True
Mere presence during the commission of a robbery without active participation is not sufficient. the provision applies only to cases where the forces of 2 or more persons acting together are deployed against the victim in the actual commission of the offence.
The term being armed refers to the defendant carrying the item or has it available for immediate use as a weapon
T or F
True
Under R v Joyce it is sufficient for the crown to show that the presence by 2 or more people in the vicinity will satisfy the element “being together with”
T or F
False
The crown must establish that at least 2 persons were “Physically present” at the time the robbery was committed or assault occurred.
GBH can be defined as,
A Harm that is quite serious B Harm that is relatively serious C Harm that is moderately serious D Harm that is really serious Case Law
D Harm that is really serious
DPP v Smith - Bodily harm needs no explanation and grievous means no more and no less than really serious.
A threat made with the necessary intent may have a continuing effect that is still operating on the victims mind sometime later when the goods are eventually handed over.
Case Law
T or F
True
in R v Maihi it is implicit in accompany that there must eb a nexus (connection/link) between the act of stealing and a threat of violence. Both must be present, however the term does not require that the act of stealing and the threat of violence be contemporaneous.
R v Cox says there are 2 elements required to be satisfied in order to prove possession, they are
A Actual and potential
B Physical and Mental
C Taking and depriving the owner permanently
B Physical and Mental
Possession involves 2 elements. Physical and Mental
Under R v Galey mere presence during the commission of a robbery without active participation is not sufficient. It involves 2 or more persons having a common intention to use their combined force directly in the perpetration of the crime.
T or F
True
R v Peat outlines that there is a defence to the offence of Robbery if the robber immediately returns the goods to the rightful owner.
T or F
False
R v Peat as in the case of theft, the immediate return of goods by the robber does not purge the offence, subject always to the necessary intent existing at the time of taking.
Intent can be proved by
A The offenders actions and words before during and after the event
B the surrounding circumstances
C The nature of the act itself
D All of the above
D All of the above
The physical element refers to actual potential physical custody or control.
Case Law
T or F
True
R v Cox
Offensive Weapon includes any article made or altered to cause bodily injury.
T or F
True
Def under S202A(1) CA1961
In the context of robbery the courts have said that violence must involve the infliction of bodily injury.
T or F
False
Violence must involve more than a minimal degree of force and more than a technical assault, but need NOT involve the infliction of bodily injury.
Under S235(a) CA1961 Agg Rob causing GBH must happen,
A At the time of the robbery
B Immediately before the robbery
C Immediately after the Robbery
D All of the above
D All of the above
Under robbery there does not have to be an intent to deprive permanently.
T or F
False
An intent to deprive permanently is an element of theft, therefore as robbery includes theft this element needs to be satisfied.
Outline your understanding of the physical and mental element in relation to possession in R v Cox.
Actual Physical or Potential custody or control
Mental = a combination of Knowledge & intention
knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
what is the definition of claim of right.
In relation to any act, means a belief at the time of the act in a proprietary or pocessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of act or any matter of law other than the enactment against which the offence is alleged to have been committed.
what is the definition of property
Includes real or personal property and any estate or interest in any real or personal property, money, electricity and any debt and any thing in action and any other right or interest
What is the 4 step appreciation process
A Aim Factors Courses Open Preparation
B Aim Factors Options Open Plan
C Aim Factors Courses Open Plan
Aim Factors Courses Open Plan
Once an appreciation is made best practice is to outline the plan in the GSMEAC format
T or F
True
What does VOWES stand for
Victims Offenders Witnesses Exhibits Scene
Aaron hates his neighbour and decides to burn his house down just because he can. He knows there is no one in the house when he burns it down. What section would you charge him under?
A Section 267(1)(b) Crimes Act 1961.
B Section 267(2)(a) Crime Act 1961
C Section 267(1)(a) Crimes Act 1961
D Section 267(3) Crimes Act 1961
A Section 267(1)(b) Crimes Act 1961.
Intentionally
and without claim of right
damaging by fire, immovable property
in which the offender has no interest.
Police have been called to the scene of a fire where it is believed an explosive has been used.
What action should you take in the first instance?
A
Clear the scene in the event that there could be a secondary device present
B
Clear the scene but remain nearby and communicate with the Fire Service by cell phone or radio.
C
a. Remain at the scene to direct the activities of rescuers and Fire Service staff.
D
All of the above
A
Clear the scene in the event that there could be a secondary device present
Property will be considered “immovable” if it is currently fixed in place, unable to be moved, even though it may be possible to make it movable. T or F
True
What is the main difference between 267(1)(b) and 267(2)(a)?
A
One is committed intentionally and one is committed recklessly
B
There is no claim of right defence with 267(2)(a)
C
Immovable property, vehicle, ship or aircraft vs property in which that person has no interest outside of property listed in (1)(b)
D
damages by fire vs damages by explosive
C
Immovable property, vehicle, ship or aircraft vs property in which that person has no interest outside of property listed in (1)(b)
John throws a petrol bomb at a car he has no interest in. The petrol bomb explodes. He should be charged with Intentionally damages by means of any explosive…..
T or F
False
A petrol bomb is a crude incendiary device. The appropriate charge is ‘damages by fire’ NOT ‘by means of explosive’.
Aaron is a loser who comes from a down-beat family and has no hope for betterment. One day he decides to set fire to the local pub that he frequents, just to see what would happen. Aaron is aware that there is an accommodation block on top of the pub where rooms are rented to undesirables and homeless. Aaron sets a fire at the rear of the building with his lighter; he then sits in the bushes outside and watches as all the tenants run out. What section would you charge him under?
A Section 267(3) Crimes Act 61
B Section 267(1)(a) Crimes Act 61
C Section 267(2)(a) Crimes Act 61
D Section 267(1)(c) Crimes Act 61
B Section 267(1)(a) Crimes Act 61
Joshua is annoyed the local hardware store won’t sell him spray paint for his tagging ventures. He wants to get his own back on the guy by setting fire to the store. He has been back on several occasions, to check out the alarm system, CCTV cameras, hours of operation etc. What offence, if any has Joshua committed?
A
Committed an attempt because his intention is to commit arson and he has carried out acts in furtherance of that offence.
B
Not committed an attempt because his actions amount to mere preparation.
C
Committed an attempt to commit arson as his actions by visiting the store repeatedly go beyond mere preparation and constitute an attempt.
B
Not committed an attempt because his actions amount to mere preparation.
In a criminal law context, there are two specific types of intention with respect to an offence. There must be an intention to 1. commit the act and 2. to get a specific result. T or F
True
Three examples of circumstantial evidence from which an offender’s intent may be inferred are
1) The offenders actions and words before, during and after the event
2) The surrounding circumstances
3) What a reasonable person in similar circumstances
T or F
False
Explanation:
1) The offenders actions and words before, during and after the event
2) The surrounding circumstances
3) The nature of the act itself
S267(1)(c) Crimes Act 1961 includes incidents of arson where the intent is to cause loss to any person.
In R v Morley the Court of Appeal reviewed the nature of “loss”. What was the finding?
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
In relation to Recklessness what was held in Cameron V R?
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that:
(i) His or her actions would bring about the prescribed result; and / or
(ii) That the prescribed circumstances existed; and
(b) Having regard to that risk those actions were unreasonable
At the scene of a suspicious fire it may be necessary to demolish specific areas for safety reasons.
In cases such as this what must the Investigator record prior to the demolition and how must this be done?
Photos in situ, sketches
Jack and Hannah are study buddies. They are a bit sick of the information overload given to them by their course facilitators and as such need a place to escape the bombardment of study. Their ‘safe place’ is an abandoned unit down the road from Jack’s house.
After class they go to their safe place for some time out. It is a bit cold so Jack brings some wood and lighter fuel to build a fire in the hearth. Hannah brings an aerosal can containing glue so they can get high and forget their problems. Jack gets the fire going and they start to sniff the glue. Jack and Hannah become fascinated with the fire. As a dare Hannah throws the glue aerosol can into the flames which rapidly heats up and explodes, spreading burning embers across the room. One of the embers ignites some discarded newspaper. In their panic, Jack and Hannah both run from the house.
The house sustains substantial damage and has to be demolished.
What offence has been committed and list the elements?
Arson Section 267(1)(b) CA 1961
Recklessly Without claim of right Damages by Fire Any immovable property In which that person has no interest
Under R V Archer “Damages by Fire” refers to “property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value”
T or F
True
What is the definition of Explosive?
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.
Includes: gun powder, gelignite, detonators
Does Not Include: Firearms, fireworks
A Molotov Cocktail is an explosive?
A
Yes. It is a petrol bomb and therefore fits the definition of explosive.
B
No. It is nothing more than a crude incendiary device.
C
No. It is similar to a firework.
B
No. It is nothing more than a crude incendiary device.
What is the definition of Fire?
Fire is the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat. For a fire to start all three must be present.
The elements of 267(1)(b) are:
Intentionally or Recklessly
Damages by fire or by means of any explosive
Any property
If he or she knows or ought to know that a danger to life is likely to ensue.
T or F
False
Intentionally or Recklessly
Without COR
Damages by fire or by means of any explosive
Any immovable property, vehicle, ship or aircraft
in which that person has no interest
As long as there is the necessary intent at the time of the taking away, the offence of abduction is complete. The Crown need not show that the intent was subsequently carried out.
Case Law
T or F
True
R v Mohi is the case law with respect to this. As long as the offender detains the victim with one of the specified intents, they are deemed criminally liable.
As long as there is the necessary intent at the time of the taking away, the offence of abduction is complete. The Crown need not show that the intent was subsequently carried out.
Case Law
T or F
True
R v Mohi is the case law with respect to this. As long as the offender detains the victim with one of the specified intents, they are deemed criminally liable.
For the offence of kidnapping, a person needs to be both ‘taken away’ from a place they want to be and subsequently ‘detained’.
T or F
False
Which of the following is not one of the possible intents necessary for the offence of abduction under Section 208, CA 1961.
A
To go through a form of marriage or civil union.
B
To cause him or her to be confined or imprisoned.
C
To have sexual connection with the person.
D
To cause the person to go through a form of marriage or civil union, or to have a sexual connection, with some other person.
B
To cause him or her to be confined or imprisoned.
Consent is not a defence to charges under sections 208 - 210 when the person taken is under the age of 16 years.
T or F
True
Consent can only be conveyed by words
T or F
False
Consent may be conveyed by words, conduct or both
What must you consider in relation to “consent obtained by duress”?
A
The length of time between the threat, pressure or coercion being made and the completion of the act of “taking away” or “detaining” .
B
The offenders actions and words before, during and after the event
C
The victim’s state of mind and how easy it was to override the will of the individual.
D
Whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual
D
Whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual
According to R v Cox “consent is a person’s deliberate and involuntary agreement to something”.
T or F
False
R v Cox states that “consent must be full, voluntary, free and informed.. freely and voluntarily given by a person in a position to form a rational judgement.”
The offence of abduction or kidnapping is committed at the time of the taking away so as long as the offender has the necessary intent at that time. The prosecution do not need to show that the intent was carried out.
Case Law
T or F
True
R v Mohi
Whether the intent to sexually violate, hold for service or ransom, confine etc etc actually happens after the victim has been taken away is irrelevant to the charge of abduction or kidnapping so long as one of the necessary intent exists at the time of the taking away or detaining. ie. an offender might change their mind about what their intentions are after they’ve kidnapped or abducted someone but by then the offence is already complete.
There are two specific types of intention that the prosecution must prove in order to prove intent in criminal law. What are they?
A
An intention to do any act and an intention to produce any result
B
An intention to do a deliberate act and an intention to produce any result
C
An intention to do a deliberate act and an intention to produce a specific result
C
An intention to do a deliberate act and an intention to produce a specific result
A ransom is a sum of money demanded or paid for the release of a person being held captive
T or F
True
Section 210 Crimes Act 1961 Abduction of a Young Person - A parent or guardian cannot be convicted of this offence if it involves their own child
T or F
False
A parent may commit an offence against this section in respect of their own child where their actions are unlawful: ie where a parent takes a child away from another parent in contravention of a court order.
Identify the case law: Where age is an essential ingredient “The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
A
R v Forrest and Forrest
B
R v Cox
C
R v Crossan
D
R v Wellard
A
R v Forrest and Forrest
Explanation:
R v Cox relates to consent and possession
R v Crossan relates to “taking away” and “detaining”
R v Wellard relates to the essence of kidnapping being “the deprivation of liberty coupled with the carrying away from the place where the victim wants to be”
The elements of Abduction s208 CA1961 are:
Unlawfully
Takes away or detains
A person
Without their consent or with consent obtained by fraud or duress
with intent to marry him/her or have sexual connection with him/her or cause him/her to be married or to have sexual connection with some other person.
T or F
True
What was held in R v Wellard in relation to taking away?
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.
Ricardo is upset with his ex-girlfriend now seeing a new man, Stan. In an attempt to split them up he sits outside Stan’s work and when he leaves for the day he grabs him, knocks him out and throws him into the back of his van. He then ties Stan up in the basement of his house for a couple days before letting go after seeing how upset his girlfriend became. Can Police lay a charge of taking away and one of detaining?
Case Law
A
No, they are out of the same offence so one charge only.
B
No, his intent wavered so therefore did not go through with the offence.
C
Yes, “taking away” and “detaining” are two separate and distinct acts.
C
Yes, “taking away” and “detaining” are two separate and distinct acts.
R v Crossan
Taking away and detaining are separate and distinct offences. The first consists of taking [the victim] away; the second of detaining them. The first offence was complete when she was taken against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.
Intent under R v Collister states circumstantial evidence from which an offender’s intent may be inferred from:
A
Offender’s actions & words, surrounding circumstances, nature of the act itself.
B
Offender’s actions & words, surrounding circumstances & nature of the offence
C
Offender’s actions & words, surrounding circumstances & the victims reaction
A
Offender’s actions & words, surrounding circumstances, nature of the act itself.
Outline the elements of Abduction of Young Person u16 s210(1)
With intent to deprive a parent or guardian or other person having lawful care or charge of a young person of the possession of the young person, unlawfully takes or entices away or detains the young person
The elements of Kidnapping, s209 are:
Everyone who unlawfully, takes away or
detains a person, without his/her consent or
with his/her consent obtained by fraud or duress
(a)With intent to hold him/her for ransom or to
service.
(b)With intent to cause him/her to be confined
or imprisoned
(c)With intent to cause him/her to be sent or taken out of New Zealand
T or F
True
Outline the 3 intents that relate to Aggravated Wounding, Section 191(1) Crimes Act, 1961.
(a) to commit or facilitate the commission of any imprisonable offence; or
(b) to avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
Identify four types of additional circumstantial evidence that may assist in proving an offender’s intent in serious assault cases.
- Prior threats
- Evidence of premeditation
- Use of a weapon
- Body parts targeted (e.g head)
- Degree of force used
- Was the use of a weapon opportunistic or purposely brought
- Number of blows
- Degree of resistance or helplessness of victim (unconscious)
Outline what the case law R v McArthur [1975] relates to.
‘Bodily harm’ includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory or trifling.
Explain the difference between grievous bodily harm and wound
Case law GBH
Case law Wounds
Grievous bodily harm is harm that is really serious (DPP v Smith)
Wound is a breaking of the skin evidence by the flow of blood. May be internal or external, (R v Waters)
Explain what the ‘Doctrine of transferred malice’ relates to.
Where harm intended for one person is accidentally inflicted on another, he is still criminally liable.
In relation to rendering a person incapable of resistance by any violent means, this is limited only to physical violence. Threats of violence will not suffice.
T or F
False
The term ‘violent means’ is not limited to physical violence and may include threats of violence depending on the circumstances.
Freda and Max are watching television at home when they get into an argument about what channel to turn to. Freda becomes so annoyed with Max she picks up a heavy glass ashtray from on the coffee table and smacks Max in the face with it. The blow causes Max to fall to the ground and he suffers a broken nose.
A
Assault with Intent to Injure, Section 193, Crime Act 1961
B
Injuring with Intent, Section 189(1), Crimes Act 1961
C
Wounding with Intent, Section 188(1), Crimes Act 1961
B
Injuring with Intent, Section 189(1), Crimes Act 1961
Explain what each of the following mean:
Grievous Bodily Harm
Wound
Maims
Disfigures
GBH - harm that is really serious
Wound - involves a breaking of the skin evidenced by the flow of blood. May be internal / external
Maims - depriving another person of the use of a limb or one of the senses
Disfigures - to deform or deface; to mar or alter the figure or appearance of a person
The three subsections that change wounding s188 to aggravated wounding s189 are:
a) commit or facilitate the commission of any imprisonable offence
b) avoid detection of himself or any other person in the commission of any imprisonable offence
c) avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
T or F
True
The enhanced Victims Rights Act 2014 section 4 (a)(iii) expands the definition of a victim to also include:
A
The spouse or civil union partner of a person against whom an offence is committed by another person
B
A parent or legal guardian of a child, or of a young person against whom an offence is committed by another person
C
A person against whom an offence is alleged to have been committed by another person
D
Any person who makes a formal complaint to the police about an offence committed by another person
B
A parent or legal guardian of a child, or of a young person against whom an offence is committed by another person
Explanation:
Enhanced Victim’s Rights Act 2014 Section 4(a)
Victim definition
(i) a person against whom an offence is committed bu another person
(iii) a parent or legal guardian of a child or of a young person who falls within subparagraph (i)
In Child protection Protocol cases where there has been a criminal offence against a child how should you make a referral to Oranga Tamariki
A
A phone call to a local OT office with a follow-up electronic CPP referral form (Pol350)
B
Electronically using the CPP referral form (Pol350)
C
Electronically forwarding the CPP referral form to the Oranga Tamariki National Contact Centre and CC the Police Comms centre Reporting Line
D
Any method outlined above
D
Any method outlined above
In a Child Protection Protocol matter, who must interview the children
A
A specialist ASA level 3 interviewer
B
A qualified detective in cases where a specially trained interviewer is not available
C
Anyone may question a child but care must be taken in the formulation of the questions
D
A specialist child witness interviewer
D
A specialist child witness interviewer
Is indecent Assault a ‘Specified Offence’ under section 29, Victims Rights Amendment Act 2014?
T or F
True
Specified Offence Defined
In this Act , a specified Offence is
(a) an offence of a sexual nature specified in
(i) Part 7 of the Crimes Act 1961, excluding the offences in section 143 and 144
Police V Emerali describes how the term usable amount is related to dealing. What was found in this case law
A
The quantity of the drug does not extend to some minute and useless residues of the substance.
B
It is irrelevant the actual physical amount the defendant has in their possession as long as it can be shown to be the alleged controlled drug
C
The quantity of the drug must be usable in the sense if it is over a certain amount then it is a usable amount
D
The prosecution must prove that the amount was a usable amount in court proceedings
A
The quantity of the drug does not extend to some minute and useless residues of the substance.
Heroin, cocaine, LSD, Psilocybin, DMA are all examples of controlled drugs from what schedule of the MODA 1975 A Schedule 1 B Schedule 2 C Schedule 3 D Schedule 4
A
Schedule 1
Cannabis plant/seed/fruit, coca Leaf, BZP, controlled drug analogues are all examples of controlled drugs from what schedule of the MODA 1975 A Schedule 1 B Schedule 2 C Schedule 3 D Schedule 4
C
Schedule 3
MDMA, morphine, cannabis preparation (oil, Hash), GHB (Fantasy) are all examples of controlled drugs from which schedule of the MODA 1975 A Schedule 1 B Schedule 2 C Schedule 3 D Schedule 4
B
Schedule 2
John, a local drug dealer, is interviewed about supplying Class A section 6(1)(c) MODA75 to Jill, a local prostitute. During the interview he denies giving Jill any drugs and instead claims that he left the drugs on the car seat, told Jill and she took the drugs from his car. He admits showing her his cache of drugs and admits doing nothing to prevent her from taking a point bag of meth from it. Is John still liable for the offence
A
Yes - It does not change his liability as he has caused a transaction and handing over of the drugs even though there was no physical transfer of the drugs to Jill.
B
No - He is liable for possession for supply 6(1)(f) but not for supplying as it cannot be proven that he has ‘supplied’ the drugs to Jill
A
Yes - It does not change his liability as he has caused a transaction and handing over of the drugs even though there was no physical transfer of the drugs to Jill.
Explanation:
Giving can occur without an active transfer of the drugs – for example where a person passively permits another to help themselves from a cache of drugs.
Explain your understanding of presumption under s6(6) of MODA 1975.
Persons in possession of controlled drugs over certain specified amounts are considered to have possession of those drugs for the purpose of supply, unless they can prove otherwise.
What was held in R v Forrest and Forrest?
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.
How does the crown best prove age?
A
Birth certificate along with independent evidence that victim is the person named in the certificate.
B
Birth certificate along with the victim giving evidence that they are the person named in the certificate.
C
Student identification along with independent evidence that victim is the person named in the identification.
A
Birth certificate along with independent evidence that victim is the person named in the certificate.
Under s2 MODA 1975, what is the definition of a controlled drug?
any substance, preparation, mixture or article specified in Schedule 1, Schedule 2 or Schedule 3 of this Act and includes any controlled drug analogue
Mavis is an elderly grandmother who lives with her grandson, John. Unbeknown to Mavis her John is growing several cannabis plants in her glass house. While John is away Mavis feeds and waters the plants for him thinking they are tomato plants. Mavis is liable for possession of the plants.
T or F
False
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so. (Strawbridge)
In proving guilty knowledge for drug dealing what does KKI stand for?
The offender -
knew about the offence and
knew the substance involved was a controlled drug and
intended to commit the offence
Emma is a local meth cook. Police execute a SW and locate her in the lab wearing a mask and gloves. Also in the lab is meth making equipment along with a jug containing a two layered liquid, which ESR state contains liquid meth. She states she is finding a cure for OMICRON. Emma has completed the offence of meth manufacture.
Case Law
T or F
True
R v Rua
The offence is complete once the prohibited substance is created, whether or not it is in a usable form
Matt is a local drug dealer who is stopped by Police. His bag is searched and located inside is 8 grams of cocaine in 1 gram bags, scales, cash and three cell phones. Outline the offence and elements that Matt is liable for?
Possession of a Controlled Drug (or Class A) for Supply.
Anyone in possession of
A Class A Controlled Drug
For the purposes of 6(1)(c) (or for the purpose of Supply)
Sarah is desperate for cash and as such has turned to dealing in MDMA (ecstasy). She comes into possession of 100 tablets of ecstasy. Her close friend Ivan is a man about town and is heading out for the night. To help him get his groove on he asks Sarah for 5 tablets. Sarah gives Ivan the 5 tablets on tick. The elements for this offence of Supply are?
A
Anyone who supplies, a Class A controlled drug, to any person
B
Anyone who sells, a Class B controlled drug, to any person
C
Anyone who supplies a Class B controlled drug, to any person
C
Anyone who supplies a Class B controlled drug, to any person
In relation to Offers to Supply, what are the four circumstances outlined in R v Brown.
offers to supply a drug that he has on hand
offers to supply a drug that will be procured at some future date
offers to supply a drug that he mistakenly believes he can supply
offers to supply a drug deceitfully, knowing he will not supply that drug
What is the difference between Supply Class C (s6 (1)(d)) and Sell Class C (s6(1)(e))
A
There is no difference
B
Age (1)(d) is u18 (1)(e) is over 18
C
One is supply the other is sell.
D
Both B and C are correct
D
Both B and C are correct
To enter and search a place under section 15 you must suspect that the item being searched for is in the place and believe that if you delay to obtain a search warrant the item will be C.A.D.D
T or F
False
False, you must BELIEVE that the item being searched for is in the place and believe that if you delay to obtain a search warrant the item will be C.A.D.D
Johnny stabs Jill in the chest and runs into a nearby house taking the knife used with him. Upon your arrival a witnesses tells you this. You make no approach to the house and Johnny is unaware of your presence.
In these circumstances would you be able to enter the house under section 15 to search for the knife?
A
Yes, because you believe the knife is in the house and it is evidential material to an offence punishable by more than 14 years imprisonment
B
Yes, because you believe evidential material to an offence punishable by more than 14 years imprisonment is in the house and believe that if you delay to get a search warrant the item will be C.A.D.D
C
No, because even though you believe the knife is in the house and it is evidential material to an offence punishable by more than 14 years imprisonment you would not have grounds to believe if you delay to get a search warrant the item will be C.A.D.D
C
No, because even though you believe the knife is in the house and it is evidential material to an offence punishable by more than 14 years imprisonment you would not have grounds to believe if you delay to get a search warrant the item will be C.A.D.D
There is no indication that if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered or damaged
Section 16 only applies to person(s) in a public place who are suspects of offences punishable by imprisonment of 14 years or more.
T or F
False
Explanation:
False – Section 16 applies to any person in a public place you believe has possession of evidential material relating to an offence punishable by 14 years or more.
Michael commits an aggravated robbery at a local dairy and steals $300.00 in cash. As he runs off he drops a $50 note on the footpath that is subsequently picked up by Louise.
A witness tells you this and you locate Louise a short distance away and she denies picking up the money.
Could you search Louise under section 16?
A
Yes, because she is in a public place and you believe she is in possession of evidential material relating to an offence punishable by 14 years or more
B
Yes, because she is in a public place and you suspect she is in possession of evidential material relating to an offence punishable by 14 years or more
C
No, because she is not a suspect of an offence punishable by 14 years or more
A
Yes, because she is in a public place and you believe she is in possession of evidential material relating to an offence punishable by 14 years or more
Explanation:
A constable may search a person without warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more
A vehicle is parked in the driveway of a dwelling that you believe was involved in an aggravated robbery and contains evidential material relating to the offence. As such you may search it under section 17
T or F
False
Explanation:
False, the vehicle must be in a public place.
Any person exercising a search power may remove items of uncertain status to conduct enquiries to ascertain whether it has been stolen or not.
T or F
False
False, items of uncertain status may only be removed for the purpose of examination or analysis to determine whether it may be lawfully seized
You are conducting a search for methamphetamine on premises and locate a small bag of a white powder that you are uncertain as to what it is.
Could you seize this bag under section 112?
A
Yes, because you suspect the white powder is a controlled drug and want to conduct an analysis on it to confirm that it is a controlled drug and whether it may lawfully be seized.
B
No, because you do not believe it is the drug you were searching for
C
Yes, because it looks like methamphetamine so this is sufficient for you to uplift it
A
Yes, because you suspect the white powder is a controlled drug and want to conduct an analysis on it to confirm that it is a controlled drug and whether it may lawfully be seized.
You are conducting a search of premises with a search warrant for a 65cm smart TV.
You look into the draws of a cabinet beside a bed and locate what you believe to be a bag of cannabis.
Could you lawfully uplift this item under section 123?
A
Yes, because you believe them to be drugs so believe that you could legally seize them
B
No, because the drawers are not a place that you would expect to locate the item being searched for
C
No, because the drugs were not the item listed on the search warrant
B
No, because the drawers are not a place that you would expect to locate the item being searched for
Explanation:
the drawers are not a place you would look for a 65cm television
When you invoke section 17 of the Search and Surveillance Act 2012, who must be informed of your intention to invoke this statutory power and enter the house?
A NCO (for approval) B Comms (for officer safety) C District Command Centre (for officer safety and command) D All of the above where practicable
D
All of the above where practicable
Keith and Matthias are at a local café having a conversation in raised voices about a planned Aggravated Robbery to a local bottle store. You are an off duty officer sitting next to them and over hear their conversation.
Do you need a surveillance device warrant for this situation?
A
Yes. They are having a private conversation and desire their conversation to be confined to both of them
B
No. In the circumstances and being a public café they cannot reasonably expect their conversation to be private and that it will not be overheard
C
No. They are discussing a serious offence with a penalty of 14 years imprisonment
B
No. In the circumstances and being a public café they cannot reasonably expect their conversation to be private and that it will not be overheard
Identify the two matters that must exist before undertaking a warrantless search of a person for a controlled drug under section 22, Search and Surveillance Act 2012
A
Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
B
Have RGTB that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTS that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
A
Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
Explanation:
Section 22 S&S Act 2012
Have Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
Section 45 of the Search and Surveillance Act 2012 allows us to conduct trespass surveillance under certain circumstances. What circumstances must exist to make trespass surveillance lawful? (select the option/s that may apply)
A
in relation to an offence punishable by a term of imprisonment of 7 years or more
B
in relation to an offence punishable by a term of imprisonment of 14 years or more
C
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983
Correct Answers
A
in relation to an offence punishable by a term of imprisonment of 7 years or more
C
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983
Explanation:
To obtain evidential material
A
in relation to an offence punishable by a term of imprisonment of 7 years or more
or
C
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983 (reference to certain sections of the Arms Act 1983 it will suffice)
Search and Surveillance Pg 45
You are tasked with trying to make observations of activity at an address where there is alleged to be drug dealing. You grab your binoculars and observe the occupants from afar and see them putting what looks like cannabis leaf into a big pot in the lounge of the property. Could the occupants of the address reasonably expect their activities to be private.
A
No - The binoculars are considered a surveillance device and can be used to observe activity in the curtilage of a property as long as the observations do not exceed 3 hours
B
No - The activities are able to be observed from a public place so cannot be considered private
C
Yes - Private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants
D
A and B are both correct
C
Yes - Private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants
Explanation:
Private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants
Everyone has the right to privacy in their own home, the right to refuse entry to others and the right to expect that they should be able to conduct lawful activities in private.
When you lawfully enter private premises then you can carry out surveillance by means of your unaided visual observation, unaided sense of hearing and unaided sense of smell. You can also record, by way of audio or visual device, what you see or hear there, providing the device you use does not enhance (e.g. amplify or enlarge) your ability to observe or hear.
However surveillance by use of a device that enhances your ability to conduct that surveillance, is regarded as more intrusive.
Where surveillance with the use of a surveillance device is concerned, the Act restricts surveillance activity in places an individual “ought reasonably to expect” are private. (Exceptions apply only in situations of emergency or urgency).
“a man’s home is his castle”
Reference: S21 NZBOR Act 1990
S3 Search & Surveillance Act 2012 definition Private activity
You knock on the neighbouring address to ask permission to make some observations over the fence from the rear of their property. No one is home so you have a quick look over the fence and see some cannabis plants growing in the garden of the target address. Can you use this intelligence?
A
No - You have not received permission to be at the rear of the neighbouring or target address and all surveillance for intelligence gathering or for evidence gathering is unlawful if trespass is involved.
B
Yes - You have not used a surveillance device and the observations are of an offence that may be proceeded with by way of a warrant
C
Yes - The observations are in the curtilage of the property and observed without the use of a surveillance device
A
No - You have not received permission to be at the rear of the neighbouring or target address and all surveillance for intelligence gathering or for evidence gathering is unlawful if trespass is involved.
Explanation:
Surveillance without a device (for example, watching activity with the naked eye, or listening to a conversation without the aid of a listening device) is governed by the pre-existing law. In brief, such surveillance is lawful if no trespass is involved or in the particular circumstances is not unreasonable under section 21 of the New Zealand Bill of Rights Act 1990.
Surveillance is unlawful if trespass is involved – or if is undertaken by use of a device without a SDW.
It follows that the use of a surveillance device is always unlawful if it is not:
- generally lawful without warrant (category 1); or
- authorised by warrant (category 2); or
- authorised by the emergency or urgency warrantless provision (category 3).
Unless the use of the device falls into category 1, all surveillance for intelligence gathering, or for evidence gathering in respect of offences for which a warrant is not available, is unlawful.
Exemption
- Observe private activity without the use of a surveillance device from public areas.
- Observe private activity in the curtilage of private premises by means of a surveillance device; for a single investigation, or a connected series of investigations, for a period of observation that does not exceed:
- 3 hours in any 24-hour period; or 8 hours in total.
You are told that your partner is observing the activity in the address with binoculars from a neighbouring address where no-one is home. What should you tell your colleague?
A
Stop all surveillance immediately as it is unlawful
B
If the penalty for the offence being observed is more that 7 years he can continue as long as he does not exceed 3 hours observation within 24 hours
C
Note if there is any other indications that evidence may be CADD so we can enact a S&S power instead of continuing observing
D
Stop using binoculars as they count as a surveillance device and continue making observations so long as the activity is in the curtilage of the property
A
Stop all surveillance immediately as it is unlawful
Explanation:
Stop all surveillance activity as it is unlawful
He has utilised trespass surveillance with the use of a visual surveillance device
You should have a SDW to be undertaking current activity
Adopt a lawful observation position
Record comprehensive notes of his actions for later disclosure
What is the definition of Evidential Material?
In relation to a particular offence, means evidence of the offence or any other item, tangible or intangible, or relevance to the investigation of the offence.
What does CADD stand for in relation to evidential material?
A
Covered, Altered, Damaged, Destroyed
B
Concealed, Altered, Damaged, Destroyed
C
Concealed, Altered, Damaged, Decomposed
D
Concealed, Amended, Damaged, Destroyed
B
Concealed, Altered, Damaged, Destroyed
Constable Luck executes a search power. In executing this power Constable Luck only has to identify himself, state the section and name of the Act he is using.
T or F
False
Explanation:
Under s125 or s131 you must:
- Identify yourself (ID if not in uniform)
- Announce intention
- State the name of the Act (i.e. S&S)
- Reason for search
- …unless impractical to do so in the circumstances
The owner of the Traveller’s Motel frequently rents rooms to the general public. The owner is supportive of police and consents to a visual surveillance device being placed in room 1. Michael rents room 1 at the Traveller’s Motel. Is Michael’s motel room a private or non-private premise while rented by him? Is a SDW required to install a visual surveillance device in Michael’s room?
Yes or No
Yes
When rented by Michael, the Motel room is not a place where the public are frequently permitted to have access so the room is not within the definition of non-private premises and is therefore a private premise. An SDW is required to use a “visual surveillance device” to observe/record “private activity” in “private
premises”.
Constable You is attending minor dispute at an address. She is invited in by the occupier of the address. Whilst obtaining details she hears to flatmates talking in the lounge about grabbing a gun to go scare a drug dealer that has ripped them off. Constable You believes she is able to give evidence in relation to what she heard without obtaining a surveillance device warrant.
T or F
True
Explanation:
Under s47 an enforcement officer lawfully on private premises recording what he/she can see/hear (provided the officer only records what he/she could see/hear without the use of a surveillance device)
Define the term curtilage?
It is a legal term used to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding and associated ‘open fields beyond’. If defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.
Police are executing a search warrant for methamphetamine supply. When searching a wardrobe in one of the bedrooms Constable Me locates a clear plastic bag containing several cell phones and 2 lap-tops with the serial numbers removed. Constable Me is able to seize these items.
T or F
True
Explanation:
Yes. Either under s112 ‘Uncertain Status’ Constable Me is executing a lawful search power for drugs and during a reasonable search has located these items some which have the serial number removed indicating that they are possibly stolen. Therefore they can be seized for further examination / analyse / enquiries to determine if they may be lawfully seized (stolen property).
Police are attending a 5F at an address. On being invited in by the victim they see the butt of a firearm sticking out from underneath the couch. Can attending Police seize this item.
A
Yes, because it is a firearm.
B
No. They are there for a 5F the firearm is not apart of their reason for being there.
C
Yes, they are at the address lawfully and the firearm is plain view.
C
Yes, they are at the address lawfully and the firearm is plain view.
Police are attending the scene of an aggravated robbery with a knife where cigarettes and cash was taken. The offender was seen leaving with a bag and holding the knife. A witness then advises Police that a person matching the description, carrying a bag has gone into an address nearby. Can Police enter the address without a warrant? Explain your answer.
Yes.
Under s8 enter place to search and arrest offender & believe that if entry not effected immediately the person will avoid arrest or evidential material will be CADD.
Under s15 enter place as suspect an imprisonable offence punishable by 14 years or more has been committed, evidential material is at the place and maybe CADD.
Must decision log RGTS and RGTB along with not practicable to obtain SW in circumstances.
For s.123 (S & S) to apply the following grounds need to exist for an enforcement officer who is exercising his or her duties:
Is lawfully in any place, conducting a lawful search of a person, and/or exercising a search power
T or F
True
Mary and Sally live next door to each other but do not get along. Marys Son Phil is playing in the driveway and loses a kite in Sally’s yard. Mary goes across the fence to get it. An argument ensues which quickly escalates into violence, bringing the neighbours out of their houses. Sally told Mary that she will ‘farkin kill her once and for all’ and that ‘she had better be wearing her fighting pants’.This turns quite brutal, Mary is pushing Sally’s face away with her left hand as she is being held in a head lock. Sally sees the tempting finger approach her mouth. She opens her mouth and bites down on Marys finger, severing it off in her mouth. She spits the severed finger out of her mouth and the fight continues until Police arrive. What is the offence quoting Act, Section, Subsection, ingredients and complete a RTS
Wounding with Intent to cause GBH
S188(1) CA1961
With Intent to Cause gBH
to any person
Maims
any person
2 x types of intent, to get a specific result and commit the act. Sally intended to wound Mary as the act was very violent, the words used and she made a conscious decision to bite her finger off.
Cause GBH = Harm that is really serious. Her intent is demonstrated clearly based on the level of violence, Sally tells her that she is going to ‘farkin’ kill her’.
to any person = proved by judicial notice or circumstantially. Mary is a person.
Maims = loss of a sense/ bodily part permanently. Biting a persons finger off causes a permanent loss of a sense.
any person (AA)
John WONG is a kiwi fruit farmer who owes money to a local farming gang who he hired at picking season. One of the gang, Trevor DWYER, has a degree in Psychology and thinks he knows how to get the cash owed. He gets some of the gang together and visits John at his home address. Trevor convinces John to get in his vehicle under the pretence of getting a beer. Once in the vehicle John discovers the accomplices in the back seat and that Trevor’s intent is more sinister. Trevor starts the car and tells John that he is driving to an ATM and that he better pay the money owed or he will not see his family again. They drive to the ATM, John gets the money owed and pays Trevor. Trevor tells him to walk home and drives off. What is the offence, Act, SS and RTS?
Kidnapping
S209 CA1961
Unlawfully
takes away or detains a person
without his or her consent or with his or her consent obtained by fraud or duress,—
(a) with intent to hold him or her for ransom or to service; or
(b) with intent to cause him or her to be confined or imprisoned; or
Reggie is a solo dad who cares for his 11 yr old son Jeremy. Unfortunately Reggie has a bad habit of spending every cent he earns on either the pokies or alcohol. This results in Jeremy often going to school hungry, poorly dressed and generally unkempt.
As a result of an Oranga Tamariki notification originating from the school a social worker has been assigned to the case. Despite having several options given to him and numerous opportunities given for a change in lifestyle OT eventually obtain official custody of Jeremy. Jeremy is then placed in an emergency caregiver’s home.
Reggie is told this verbally and in writing. He is warned that he is not to directly approach Jeremy during this difficult time but to go through OT in order to see his son. Despite this warning one afternoon at the conclusion of the school day Reggie waits for Jeremy outside the school gates.
When he sees his son he offers him the opportunity to come away on holiday with him rather than returning to his current OT caregivers. Jeremy loves his Father despite his shortcomings and readily agrees to this proposition. Father and Son then leave the school and go on holiday.
- Identify the most appropriate offence, detailing the act, section and elements of the offence.
- Support your answer by way of discussion
Abduction of a Young Person Under 16
Section 210 (1) C.A.1961
With intent to deprive any person having the lawful care or charge of a young person of the possession of that young person.
Unlawfully
Takes
A Young Person under 16
- Everyone who - Reggie is the offender, Jeremy is the victim of the taking, however the emergency caregiver is also the victim in that they have been deprived of the lawful possession of Jeremy. The fact someone is a person is generally proven by JN/CE.
- With intent to deprive any person having the lawful care or charge of a person of the possession of that young person.
Intent: Means to do a deliberate act to achieve a specific intent, must be more than involuntary or accidental.
Possession - Possession has two elements, the physical and the mental, both must be proven (R V COX).
CL: R V COLLISTER: Circumstantial evidence from which an offender’s intent may be inferred include the offender’s actions or words before, during or after the event, the surrounding circumstances and the nature of the act itself.
CL: R V CHARTRAND - Whether the defendant had an innocent motive or intended to interfere with possession for a very short period is beside the point. It is not necessary to prove that the defendant intended permanent deprivation.
RTS: Reggie’s intent is inferred by both his words and actions. Reggie has been warned to stay away from Jeremy after he was placed into the care of an emergency caregiver organised by OT. Reggie intentionally goes to Jeremy’s school and waits there for him, knowing that he has been told he has to go through OT to see his son. Reggie then asks Jeremy if he wants to go on holiday knowing that he would be unlawfully taking Jeremy away from his new caregiver’s that have lawful possession of him. His intent is to take his son away on holiday despite knowing that he is under OT order not to.
- Unlawfully - Without legal justification or authority.
RTS: Reggie does not have lawful custody of Reggie, Jeremy has been placed in OT’s custody due to Reggie being unable to provide the proper care for Jeremy. Jeremy is in the lawful possession of an emergency caregiver.
- Takes - physically removing a person from one place to another.
It is immaterial whether the young person is taken, or is enticed away or is detained of his or her own suggestion. A person under the age of 16 cannot consent to being taken away or detained.
Statutory Defence - 210A - A person who believes in good faith that they had the right to the possession of the possesion cannot be charged with unlawfully taking a young person because they get possession of the young person. It is up to the prosecution to negate the good faith defence. It is up to the jury to decide whether or not the defendant acted with good faith
RTS: Reggie need to prove that he acted in good faith to take Reggie on holiday, however this defence would not be available to him because he was given plenty of notice by OT to change his behaviours which he didn’t and was advised to stay away from Jeremy which he again didn’t. Reggie did not act in good faith.
- A Young Person Under 16 - Jeremy is 11 years old. It is for the prosecution to prove the victim was under the age of 16 using the best evidence possible to do so.
FORREST AND FORREST - The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age. Usually by producing the victim’s birth certificate in conjunction with independent evidence that the victim is the person name in the certificate.
Abby is a 19 yr old living on the streets. She commits crime to survive. Late one evening she is hanging out at the local service station with her mate Tony when she leaves Tony and walks into the service station.
She takes out a length of reinforcing iron from the sleeve of her jacket and brandishing it, approaches Lizzie, the young staff member behind the counter. She shouts, “Give me all your smokes or I will bash your head in”. Lizzie, believing she would be beaten, hands over $200.00 worth of cigarettes to Abby.
Abby then runs from the store. As she runs out Tony, unaware of what has just happened, runs off with her
- Identify the most appropriate offence, detailing the act, section and elements of the offence.
- Support your answer by way of discussion.
Aggravated Robbery
Section 235 (c) C.A.1961
Being armed with an offensive weapon
Robs
Any person
- Everyone who - Abby is the offender and Lizzie is the victim, both are people. Usually accepted by JN/CE.
- Being armed with an offensive weapon
Being armed with - Means physically having the weapon on them and at hand and available for it’s immediate used should the circumstances arise.
Offensive Weapon - Any article made, changed or altered that is capable of causing bodily injury.
RTS: Abby physically has the reinforcing iron on her and pulls it out from her sleeve. The reinforcing iron is capable of causing serious bodily harm to Lizzie it it was used as a weapon. It must be proved that not only did Abby have possession in that she knowingly had custody or control but also that the weapon was available for its immediate use during the commission of a crime.
CL: R V COX - Possession has two elements, the physical element which is the actual physical custody or control and the mental element, a combination of knowledge and intention, knowledge in the sense of an awareness the thing is in her possession and an intention to exercise possession.
- Robs - Robbery is complete in that a theft has occurred, accompanied by threats of violence, to any person, used to extort the property stolen.
Extort - means to obtain by violence, coercion or intimidation. Implies an overbearing of the will of the victim.
CL: R V LAPIER - Robbery is complete the instant the property is taken with intent to steal it.
CL: R V MAIHI - It is implicit in accompany that their be a nexus (connection/link) in act of stealing and the threat of violence, both must be present.
CL: R V BROUGHTON - The threat of violence is the manifestation of the intention to inflict harm unless the money or property be handed over. Threats my be direct or veiled. Conveyed by words or both.
RTS: Abby approaches lizzie in a violent and threatening manner whilst brandishing a reinforced iron bar, accompanied with direct threats of force to Lizzie that she will bash her head in if she does not hand over all the smokes. As a result of Abby’s actions, Lizzie fears for her safety and believes Abby will carry out her threats and hands the smokes to Abby. Abby’s threats of violence towards Lizzie were used to extort the stolen property. Abby had every intention of going into the store and threatening who ever got in her way so that she could obtain the smokes, she knowingly went into the store with a weapon and brandished it when making the threats.
- Any Person - Lizzie was the intended victim and has been threatened in order for Abby to obtain the property. It is not necessary that the person robbed be the person harmed or threatened however this was the case in this scenario.
Baz and Phil have been drinking at the Glenfield tavern, by closing time they are well pissed and decide to walk home. They pass a party thats going on at a local house and try to get in. they are told by the owners that they are not invited and to leave the property. They walk from the address and Baz tells Phil that hes going to give them a scare. He picks up a bottle and throws it towards the roof. The bottle bounces off the roof and hits a partygoer in the head, causing a large bleeding gash
Cite the Act, section, offence, elements and a brief RTS
Wounding with Reckless Disregard for the safety of others s188(2) CA1961
With Reckless disregard for the safety of others, wounds any person.
Baz had no intent to wound, he had reckless disregard. He knows or ought to know of the risk and continues regardless of the consequences.
The bottle hit the victim and caused a gash, this comes within the definition of a wound.
The victim is a person, proved by judicial notice
A class B controlled drug means
A
the controlled drugs specified or described in schedule 1 to MODA 75.
B
the controlled drugs specified or described in schedule 2 to MODA 75
C
the controlled drugs specified or described in schedule 3 to MODA 75
D
the controlled drugs specified or described in schedule B to MODA 75
B
the controlled drugs specified or described in schedule 2 to MODA 75
Cannabis oil is a class C controlled drug
T or F
False
Explanation:
Cannabis preparations such as resin (hashish) and oil (hash oil) are class B controlled drugs
Drugs are classed A, B or C based on the level of risk of harm that they pose to individuals and society.
T or F
True
The level of risk of harm of class A, B or C drugs can be classified as
A
High, moderate, low
B
High, medium, low
C
Very high, moderate, low
D
Very high, high, moderate
D
Very high, high, moderate
Guilty knowledge (mens rea) is not an essential element of a section 6 MODA 75 offence.
Case Law
T or F
False
R v Strawbridge. It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary, knowledge on the part of the offender will be presumed UNLESS the accused can prove they believed on reasonable grounds that the act was innocent. ie they believed on reasonable grounds that they were growing tomatoes (and not cannabis). Guilty knowledge is an essential element to the offence.
Police v Emerali relates to…. (select all that apply)
A
a narcotic must be of a usable amount
B
whether or not the quantity of a drug is usable depends on more than just it’s size or weight, the nature and condition of the drug are also relevant
C
consideration should be given to whether a small and seemingly unusable amount of an illicit substance may be used to supplement other small amounts to make a larger usable quantity.
D
It is not necessary for the prosecution to prove that an amount is usable unless the defendant puts the matter in issue.
A
a narcotic must be of a usable amount
B
whether or not the quantity of a drug is usable depends on more than just it’s size or weight, the nature and condition of the drug are also relevant
C
consideration should be given to whether a small and seemingly unusable amount of an illicit substance may be used to supplement other small amounts to make a larger usable quantity.
The terms “produce” and “manufacture” are essentially synonymous, both relate to the process of creating controlled drugs.
Case Law
T or F
True
Explanation:
R v Rua the words produce or manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug. Although Prosecution does need to specify when formulating a charge.
“producing” = changing the nature of the original substance ie cannabis plant to cannais oil
“manufacturing” =creating a different substance from the original materials ie methamphetamine from a multitude of chemicals.
Sharing controlled drugs amongst co-owners does not come under the definition of “distribute”.
Case Law
T or F
False
Explanation:
R v Donald Supply includes the distribution of jointly owned property between it’s co-owners.
To prove “an offer” the prosecution must satisfy two elements (select the two that apply)
A
The communicating of an offer to supply or administer a controlled drug
B
That the accused knew they could supply or administer a controlled drug
C
That the accused actually had the controlled drug on them to supply or administer
D
an intention that the other person believes the offer to be genuine
A
The communicating of an offer to supply or administer a controlled drug
D
an intention that the other person believes the offer to be genuine
R v Brown held that the offence of offering to supply a controlled drug can arise in a variety of ways. How many different kinds of offer are there according to the case law?
A 3
B 4
C 6
D 8
4
Explanation:
1. offering to supply a drug that an accused has on hand
- offering to supply a drug that will be procured at some future date
- offering to supply a drug that the accused mistakenly believes he can supply
- offering to supply a drug deceitfully, knowing that he will not supply that drug
Under Section 6(1)(c) MODA 75 the prosecution must prove that the drugs were supplied to another person although it is not necessary to identify that person
T or F
True
Explanation:
The offence is gender neutral and the fact that the person supplied is a “person” is generally accepted by judicial notice or proved by circumstantial evidence. No need to prove age.
For an offence under section 6(1)(e) is it necessary to prove the age of the person receiving or being offered the controlled drug?
Case Law
Yes or No
Yes
Explanation:
As age is an essential element of the offence you must adduce the best evidence possible as per Forrest & Forrest.
In a 6(1)(f) Possession for supply offence it is necessary for the Crown to prove that the defendant had: (select all that apply)
A
knowledge that the drug existed
B
Knowledge that it is a controlled drug
C
Some degree of control over it
D
an intention to possess it
A
knowledge that the drug existed
B
Knowledge that it is a controlled drug
C
Some degree of control over it
D
an intention to possess it
To prove a charge of Conspiracy under S6(2A) of MODA the prosecution need only prove an agreement between two or more people.
T or F
False
Explanation:
The prosecution must also prove that the conspiracy was against section 6(1) of MODA 75.
The enhanced Victims Rights Act 2014 section 4 (a)(iii) expands the definition of a victim to also include:
A
The spouse or civil union partner of a person against whom an offence is committed by another person
B
A parent or legal guardian of a child, or of a young person against whom an offence is committed by another person
C
A person against whom an offence is alleged to have been committed by another person
D
Any person who makes a formal complaint to the police about an offence committed by another person
B
A parent or legal guardian of a child, or of a young person against whom an offence is committed by another person
Explanation:
Enhanced Victim’s Rights Act 2014 Section 4(a)
Victim definition
(i) a person against whom an offence is committed bu another person
(iii) a parent or legal guardian of a child or of a young person who falls within subparagraph (i)
In Child protection Protocol cases where there has been a criminal offence against a child how should you make a referral to Oranga Tamariki
A
A phone call to a local OT office with a follow-up electronic CPP referral form (Pol350)
B
Electronically using the CPP referral form (Pol350)
C
Electronically forwarding the CPP referral form to the Oranga Tamariki National Contact Centre and CC the Police Comms centre Reporting Line
D
Any method outlined above
D
Any method outlined above
In a Child Protection Protocol matter, who must interview the children
A
A specialist ASA level 3 interviewer
B
A qualified detective in cases where a specially trained interviewer is not available
C
Anyone may question a child but care must be taken in the formulation of the questions
D
A specialist child witness interviewer
D
A specialist child witness interviewer
Is indecent Assault a ‘Specified Offence’ under section 29, Victims Rights Amendment Act 2014?
T or F
True
Explanation:
Specified Offence Defined
In this Act , a specified Offence is
(a) an offence of a sexual nature specified in
(i) Part 7 of the Crimes Act 1961, excluding the offences in section 143 and 144
Police V Emerali describes how the term usable amount is related to dealing. What was found in this case law
A
The quantity of the drug does not extend to some minute and useless residues of the substance.
B
It is irrelevant the actual physical amount the defendant has in their possession as long as it can be shown to be the alleged controlled drug
C
The quantity of the drug must be usable in the sense if it is over a certain amount then it is a usable amount
D
The prosecution must prove that the amount was a usable amount in court proceedings
A
The quantity of the drug does not extend to some minute and useless residues of the substance.
Heroin, cocaine, LSD, Psilocybin, DMA are all examples of controlled drugs from what schedule of the MODA 1975 A Schedule 1 B Schedule 2 C Schedule 3 D Schedule 4
A
Schedule 1
Cannabis plant/seed/fruit, coca Leaf, BZP, controlled drug analogues are all examples of controlled drugs from what schedule of the MODA 1975 A Schedule 1 B Schedule 2 C Schedule 3 D Schedule 4
C
Schedule 3
MDMA, morphine, cannabis preparation (oil, Hash), GHB (Fantasy) are all examples of controlled drugs from which schedule of the MODA 1975 A Schedule 1 B Schedule 2 C Schedule 3 D Schedule 4
B
Schedule 2
John, a local drug dealer, is interviewed about supplying Class A section 6(1)(c) MODA75 to Jill, a local prostitute. During the interview he denies giving Jill any drugs and instead claims that he left the drugs on the car seat, told Jill and she took the drugs from his car. He admits showing her his cache of drugs and admits doing nothing to prevent her from taking a point bag of meth from it. Is John still liable for the offence
A
Yes - It does not change his liability as he has caused a transaction and handing over of the drugs even though there was no physical transfer of the drugs to Jill.
B
No - He is liable for possession for supply 6(1)(f) but not for supplying as it cannot be proven that he has ‘supplied’ the drugs to Jill
A
Yes - It does not change his liability as he has caused a transaction and handing over of the drugs even though there was no physical transfer of the drugs to Jill.
Explanation:
Giving can occur without an active transfer of the drugs – for example where a person passively permits another to help themselves from a cache of drugs.
Explain your understanding of presumption under s6(6) of MODA 1975.
Persons in possession of controlled drugs over certain specified amounts are considered to have possession of those drugs for the purpose of supply, unless they can prove otherwise.
What was held in R v Forrest and Forrest?
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.
How does the crown best prove age?
A
Birth certificate along with independent evidence that victim is the person named in the certificate.
B
Birth certificate along with the victim giving evidence that they are the person named in the certificate.
C
Student identification along with independent evidence that victim is the person named in the identification.
A
Birth certificate along with independent evidence that victim is the person named in the certificate.
Under s2 MODA 1975, what is the definition of a controlled drug?
any substance, preparation, mixture or article specified in Schedule 1, Schedule 2 or Schedule 3 of this Act and includes any controlled drug analogue
Mavis is an elderly grandmother who lives with her grandson, John. Unbeknown to Mavis her John is growing several cannabis plants in her glass house. While John is away Mavis feeds and waters the plants for him thinking they are tomato plants. Mavis is liable for possession of the plants.
Case Law
T or F
False
R v Strawbridge
Explanation:
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
In proving guilty knowledge for drug dealing what does KKI stand for?
The offender -
knew about the offence and
knew the substance involved was a controlled drug and
intended to commit the offence
Emma is a local meth cook. Police execute a SW and locate her in the lab wearing a mask and gloves. Also in the lab is meth making equipment along with a jug containing a two layered liquid, which ESR state contains liquid meth. She states she is finding a cure for OMICRON. Emma has completed the offence of meth manufacture.
Case Law
T or F
True
R v Rua
The offence is complete once the prohibited substance is created, whether or not it is in a usable form (Rua)
Matt is a local drug dealer who is stopped by Police. His bag is searched and located inside is 8 grams of cocaine in 1 gram bags, scales, cash and three cell phones. Outline the offence and elements that Matt is liable for?
Possession of a Controlled Drug (or Class A) for Supply.
S6(1)(f) MODA1975
Anyone in possession of
A Class A Controlled Drug
For the purposes of 6(1)(c) (or for the purpose of Supply)
Sarah is desperate for cash and as such has turned to dealing in MDMA (ecstasy). She comes into possession of 100 tablets of ecstasy. Her close friend Ivan is a man about town and is heading out for the night. To help him get his groove on he asks Sarah for 5 tablets. Sarah gives Ivan the 5 tablets on tick. The elements for this offence of Supply are?
A
Anyone who supplies, a Class A controlled drug, to any person
B
Anyone who sells, a Class B controlled drug, to any person
C
Anyone who supplies a Class B controlled drug, to any person
C
Anyone who supplies a Class B controlled drug, to any person
In relation to Offers to Supply, what are the four circumstances outlined in R v Brown.
offers to supply a drug that he has on hand
offers to supply a drug that will be procured at some future date
offers to supply a drug that he mistakenly believes he can supply
offers to supply a drug deceitfully, knowing he will not supply that drug
What is the difference between Supply Class C (s6 (1)(d)) and Sell Class C (s6(1)(e))
A
There is no difference
B
Age (1)(d) is u18 (1)(e) is over 18
C
One is supply the other is sell.
D
Both B and C are correct
D
Both B and C are correct
To enter and search a place under section 15 you must suspect that the item being searched for is in the place and believe that if you delay to obtain a search warrant the item will be C.A.D.D
T or F
False
False, you must BELEIVE that the item being searched for is in the place and believe that if you delay to obtain a search warrant the item will be C.A.D.D
Johnny stabs Jill in the chest and runs into a nearby house taking the knife used with him. Upon your arrival a witnesses tells you this. You make no approach to the house and Johnny is unaware of your presence.
In these circumstances would you be able to enter the house under section 15 to search for the knife?
A
Yes, because you believe the knife is in the house and it is evidential material to an offence punishable by more than 14 years imprisonment
B
Yes, because you believe evidential material to an offence punishable by more than 14 years imprisonment is in the house and believe that if you delay to get a search warrant the item will be C.A.D.D
C
No, because even though you believe the knife is in the house and it is evidential material to an offence punishable by more than 14 years imprisonment you would not have grounds to believe if you delay to get a search warrant the item will be C.A.D.D
C
No, because even though you believe the knife is in the house and it is evidential material to an offence punishable by more than 14 years imprisonment you would not have grounds to believe if you delay to get a search warrant the item will be C.A.D.D
Explanation:
There is no indication that if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered or damaged
Section 16 only applies to person(s) in a public place who are suspects of offences punishable by imprisonment of 14 years or more.
T or F
False – Section 16 applies to any person in a public place you believe has possession of evidential material relating to an offence punishable by 14 years or more.
Michael commits an aggravated robbery at a local dairy and steals $300.00 in cash. As he runs off he drops a $50 note on the footpath that is subsequently picked up by Louise.
A witness tells you this and you locate Louise a short distance away and she denies picking up the money.
Could you search Louise under section 16?
A
Yes, because she is in a public place and you believe she is in possession of evidential material relating to an offence punishable by 14 years or more
B
Yes, because she is in a public place and you suspect she is in possession of evidential material relating to an offence punishable by 14 years or more
C
No, because she is not a suspect of an offence punishable by 14 years or more
A
Yes, because she is in a public place and you BELIEVE she is in possession of evidential material relating to an offence punishable by 14 years or more
Explanation:
A constable may search a person without warrant in a public place if the constable has reasonable grounds to BELIEVE that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more
A vehicle is parked in the driveway of a dwelling that you believe was involved in an aggravated robbery and contains evidential material relating to the offence. As such you may search it under section 17
T or F
False
Explanation:
False, the vehicle must be in a public place.
You attend a stabbing where witnesses give a detailed description, including the registration number of the car that the offender was seen leaving in.
You carry out a query on the registration number or your mobility device and identify an address for the vehicle. You go to this address and locate the vehicle parked up the driveway.
Could you search this vehicle under section 17?
A
No, because you could not believe it contained evidential material relating to an offence punishable by 14 years imprisonment or more
B
No, because the vehicle is not in a public place
C
No, because you could not believe that evidential material relating to an offence punishable by 14 years imprisonment or more would be C.A.D.D
B
No, because the vehicle is not in a public place
Explanation:
A constable may, without warrant, enter and search a vehicle that is in a public if he has reasonable grounds to believe that evidential material relating to an offence punishable by a term of 14 years or more is in the vehicle
Any person exercising a search power may remove items of uncertain status to conduct enquiries to ascertain whether it has been stolen or not.
T or F
False
Explanation:
False, items of uncertain status may only be removed for the purpose of examination or analysis to determine whether it may be lawfully seized
You are conducting a search for methamphetamine on premises and locate a small bag of a white powder that you are uncertain as to what it is.
Could you seize this bag under section 112?
A
Yes, because you suspect the white powder is a controlled drug and want to conduct and analysis on it to determine whether it is a controlled drug
B
No, because you do not believe it is the drug you were searching for
C
Yes, because it looks like methamphetamine so this is sufficient for you to uplift it
A
Yes, because you suspect the white powder is a controlled drug and want to conduct and analysis on it to determine whether it is a controlled drug
Explanation:
If a person exercising a search power is uncertain whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place, the person exercising the search power may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
Section 123 applies to an enforcement officer who, as part of his or her duties:
A
is in any place or vehicle
B
is conducting a lawful search of a person
C
is exercising a search power
B
is conducting a lawful search of a person
C
is exercising a search power
You are conducting a search of premises with a search warrant for a 52cm television.
You look into the draws of a cabinet beside a bed and locate what you believe to be a bag of cannabis.
Could you lawfully uplift this item under section 123?
A
Yes, because you believe them to be drugs so believe that you could legally seize them
B
No, because the drawers are not a place that you would expect to locate the item being searched for
C
No, because the drugs were not the item listed on the search warrant
B
No, because the drawers are not a place that you would expect to locate the item being searched for
Explanation:
the drawers are not a place you would look for a 52cm television
You are observing a drug house based on some CHIS information pending the approval of an oral search warrant which is in the process of being obtained to enter and search the address. You see a male (who you recognise as a known drug offender) enter the address. He does not see you and appears to have no knowledge of Police observing the property. What statutory power would you consider to enter and secure the house pending the outcome of the search warrant application?
A
Section 117, Search and Surveillance. RGTS unlawful activity is happening inside (s6(1)(c) or s6(1)(f) MODA75) and RGTB the evidential material will be subject to CADDR
B
Section 20, Search and Surveillance. Can enter and search as the search warrant is impracticable and RGTB CADD will occur.
C
Section 15, Search and Surveillance. An offence has been committed and RGTB CADD will occur
A
Section 117, Search and Surveillance. RGTS unlawful activity is happening inside (s6(1)(c) or s6(1)(f) MODA75) and RGTB the evidential material will be subject to CADDR
Explanation:
s20 S&S Act is the specific drug related emergency power of entry and search. The scenario makes it clear that a search warrant is being sought. Search warrant is a higher authority in the hierarchy of search. But S.20 of the S&S Act could apply if the officer has formed RGTB the evidential material inside the house may be CADD.
Section 15 relates to 14 year + offences
When you invoke section 17 of the Search and Surveillance Act 2012, Who must be informed of your intention to invoke this statutory power and enter the house A NCO (for approval) B Comms (for officer safety) C District Command Centre (for officer safety and command) D All of the above where practicable
D
All of the above where practicable
Dan and Mike are at a local café having a conversation in raised voices about a planned Aggravated Robbery to a local bottle store. You are an off duty officer sitting next to them and over hear their conversation.
Do you need a surveillance device warrant for this situation?
A
Yes. They are having a private conversation and desire their conversation to be confined to both of them
B
No. In the circumstances and being a public café they cannot reasonably expect their conversation to be private and that it will not be overheard
C
No. They are discussing a serious offence with a penalty of 14 years imprisonment
B
No. In the circumstances and being a public café they cannot reasonably expect their conversation to be private and that it will not be overheard
The term CADD, in relation to the loss of evidential material, means:
A
Concealed, Altered, Damaged, or Destroyed
B
Concealed, Altered, Damaged, or Disposed of
C
Concealed, Altered, Destroyed, or Disposed of
A
Concealed, Altered, Damaged, or Destroyed
Identify the two matters that must exist before undertaking a warrantless search of a person for a controlled drug under section 22, Search and Surveillance Act 2012
A
Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
B
Have RGTB that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTS that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
A
Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
Explanation:
Section 22 S&S Act 2012
Have Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
Section 45 of the Search and Surveillance Act 2012 allows us to conduct trespass surveillance under certain circumstances. What circumstances must exist to make trespass surveillance lawful? (select the option/s that may apply)
A
in relation to an offence punishable by a term of imprisonment of 7 years or more
B
in relation to an offence punishable by a term of imprisonment of 14 years or more
C
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983
A
in relation to an offence punishable by a term of imprisonment of 7 years or more
C
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983
Explanation:
To obtain evidential material
in relation to an offence punishable by a term of imprisonment of 7 years or more
or
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983 (reference to certain sections of the Arms Act 1983 it will suffice)
Search and Surveillance Pg 45
Section 15 of the Search and Surveillance Act 2012 allows the search of premises under certain circumstances. A search may be conducted if:
A
You suspect a 14 year imprisonable offence has occurred and you suspect the offender is present in the address you can enter and search for the person or any evidential material relation to the offence
B
You believe a 14 year imprisonable offence has occurred and you suspect evidential material is in or on the premises and that if there is a delay the evidential material will be concealed, altered, damaged or destroyed.
C
You suspect a 14 year imprisonable offence has occurred and you believe evidential material is in or on the premises and that if there is a delay the evidential material will be concealed, altered, damaged or destroyed.
C
You suspect a 14 year imprisonable offence has occurred and you believe evidential material is in or on the premises and that if there is a delay the evidential material will be concealed, altered, damaged or destroyed.
Under the Search and Surveillance Act 2012 what ‘knowledge’ must a member of police have as to the whereabouts of drugs before they can search premises or persons without a warrant?
A
Good cause to believe
B
Reasonable grounds to believe
C
Reasonable grounds to suspect
B
Reasonable grounds to believe
The enhanced Victims Rights Act 2014 section 4 (a)(iii) expands the definition of a victim to also include:
A
The spouse or civil union partner of a person against whom an offence is committed by another person
B
A parent or legal guardian of a child, or of a young person against whom an offence is committed by another person
C
A person against whom an offence is alleged to have been committed by another person
D
Any person who makes a formal complaint to the police about an offence committed by another person
B
A parent or legal guardian of a child, or of a young person against whom an offence is committed by another person
Explanation:
Enhanced Victim’s Rights Act 2014 Section 4(a)
Victim definition
(i) a person against whom an offence is committed bu another person
(iii) a parent or legal guardian of a child or of a young person who falls within subparagraph (i)
In Child protection Protocol cases where there has been a criminal offence against a child how should you make a referral to Oranga Tamariki
A
A phone call to a local OT office with a follow-up electronic CPP referral form (Pol350)
B
Electronically using the CPP referral form (Pol350)
C
Electronically forwarding the CPP referral form to the Oranga Tamariki National Contact Centre and CC the Police Comms centre Reporting Line
D
Any method outlined above
D
Any method outlined above
In a Child Protection Protocol matter, who must interview the children
A
A specialist ASA level 3 interviewer
B
A qualified detective in cases where a specially trained interviewer is not available
C
Anyone may question a child but care must be taken in the formulation of the questions
D
A specialist child witness interviewer
D
A specialist child witness interviewer
Is indecent Assault a ‘Specified Offence’ under section 29, Victims Rights Amendment Act 2014?
T or F
True
Specified Offence Defined
In this Act , a specified Offence is
(a) an offence of a sexual nature specified in
(i) Part 7 of the Crimes Act 1961, excluding the offences in section 143 and 144
Police V Emerali describes how the term usable amount is related to dealing. What was found in this case law
A
The quantity of the drug does not extend to some minute and useless residues of the substance.
B
It is irrelevant the actual physical amount the defendant has in their possession as long as it can be shown to be the alleged controlled drug
C
The quantity of the drug must be usable in the sense if it is over a certain amount then it is a usable amount
D
The prosecution must prove that the amount was a usable amount in court proceedings
A
The quantity of the drug does not extend to some minute and useless residues of the substance.
Explain your understanding of presumption under s6(6) of MODA 1975.
Persons in possession of controlled drugs over certain specified amounts are considered to have possession of those drugs for the purpose of supply, unless they can prove otherwise.
What was held in R v Forrest and Forrest?
The best evidence possible in the circumstances should be adduced by the prosecution in PROOF of [the victim’s] age.
Under s2 MODA 1975, what is the definition of a controlled drug?
any substance, preparation, mixture or article specified in Schedule 1, Schedule 2 or Schedule 3 of this Act and includes any controlled drug analogue
In proving guilty knowledge for drug dealing what does KKI stand for?
The offender knew about the offence and
knew the substance involved was a controlled drug and
intended to commit the offence
Tyler is a local meth cook. Police execute a SW and locate her in the lab eating banana’s coated in peanut butter. Also in the lab is meth making equipment along with a jug containing a two layered liquid, which ESR state contains liquid meth. Tyler has completed the offence of meth manufacture.
Case Law
T or F
True
R v Rua
The offence is complete once the prohibited substance is created, whether or not it is in a usable form (Rua)
Kurt is a local drug dealer who is stopped by Police. His bag is searched and located inside is 8 grams of cocaine in 1 gram bags, scales, cash and three cell phones. Outline the offence and elements that Kurt is liable for?
Possession of a Controlled Drug (or Class A) for Supply.
Anyone in possession of
A Class A Controlled Drug
For the purposes of 6(1)(c) (or for the purpose of Supply)
Strat is desperate for cash and as such has turned to dealing in MDMA (ecstasy). She comes into possession of 100 tablets of ecstasy. Her close friend Silao is a man about town and is heading out for the night. To help him get his groove on he asks Strat for 5 tablets. Strat gives Silao the 5 tablets on tick. The elements for this offence of Supply are?
S6(1)(c) MODA1975
Supply
any Class B controlled drug,
to any other person
In relation to Offers to Supply, what are the four circumstances outlined in R v Brown.
offers to supply a drug that he has on hand
offers to supply a drug that will be procured at some future date
offers to supply a drug that he mistakenly believes he can supply
offers to supply a drug deceitfully, knowing he will not supply that drug
What is the difference between Supply Class C (s6 (1)(d)) and Sell Class C (s6(1)(e))
A
There is no difference
B
Age (1)(d) is u18 (1)(e) is over 18
C
One is supply the other is sell.
D
Both B and C are correct
D
Both B and C are correct
What does VOWES stand for?
A
Victim, Offence, Witnesses, Exhibits, Scene
B
Victim, Offender, Witnesses, Evidence, Scene
C
Victim, Offender, Witnesses, Exhibits, Scene
D
Victim, Offender, Witnesses, Exhibits, Suspects
C
Victim, Offender, Witnesses, Exhibits, Scene
The two forms of appreciation are the full formal appreciation and the shortened note appreciation
T or F
True
Outline the appreciation process?
Aim, Factors, Course Open, and Plan
To enter and search a place under section 15 you must suspect that the item being searched for is in the place and believe that if you delay to obtain a search warrant the item will be C.A.D.D
T or F
False
False, you must BELIEVE that the item being searched for is in the place and believe that if you delay to obtain a search warrant the item will be C.A.D.D
Tim commits an aggravated robbery at a local dairy and steals $100.00 in cash. As he runs off he drops $40.00 on the footpath that is subsequently picked up by Donna.
A witness tells you this and you locate Donna a short distance away and she denies picking up the money.
Could you search Donna under section 16?
Yes, because she is in a public place and you believe she is in possession of evidential material relating to an offence punishable by 14 years or more
Explanation:
A constable may search a person without warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more
If you believe a vehicle contains evidential material relating to an offence punishable by 14 years imprisonment or more you may search it under section 17
T or F
False
Must be in public place
You attend a stabbing where witnesses give a detailed description, including the registration number of the car that the offender was seen leaving in.
You carry out a query on the registration number or your mobility device and identify an address for the vehicle. You go to this address and locate the vehicle parked up the driveway.
Could you search this vehicle under section 17?
A
No, because you could not believe it contained evidential material relating to an offence punishable by 14 years imprisonment or more
B
No, because the vehicle is not in a public place
C
No, because you could not believe that evidential material relating to an offence punishable by 14 years imprisonment or more would be C.A.D.D
B
No, because the vehicle is not in a public place
You are conducting a search for methamphetamine on premises and locate a small bag of a white powder that you are uncertain as to what it is.
Could you seize this bag under section 112?
A
Yes, because you suspect the white powder is a controlled drug and want to conduct and analysis on it to determine whether it is a controlled drug
B
No, because you do not believe it is the drug you were searching for
C
Yes, because it looks like methamphetamine so this is sufficient for you to uplift it
A
Yes, because you suspect the white powder is a controlled drug and want to conduct and analysis on it to determine whether it is a controlled drug
Explanation:
If a person exercising a search power is uncertain whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place, the person exercising the search power may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
Section 123 applies to an enforcement officer who, as part of his or her duties:
A
is in any place or vehicle
B
is conducting a lawful search of a person
C
is exercising a search power
B
is conducting a lawful search of a person
C
is exercising a search power
You are observing a drug house based on some CHIS information pending the approval of an oral search warrant which is in the process of being obtained to enter and search the address. You see a male (who you recognise as a known drug offender) enter the address. He does not see you and appears to have no knowledge of Police observing the property. What statutory power would you consider to enter and secure the house pending the outcome of the search warrant application?
A
Section 117, Search and Surveillance. RGTS unlawful activity is happening inside (s6(1)(c) or s6(1)(f) MODA75) and RGTB the evidential material will be subject to CADDR
B
Section 20, Search and Surveillance. Can enter and search as the search warrant is impracticable and RGTB CADD will occur.
C
Section 15, Search and Surveillance. An offence has been committed and RGTB CADD will occur
A
Section 117, Search and Surveillance. RGTS unlawful activity is happening inside (s6(1)(c) or s6(1)(f) MODA75) and RGTB the evidential material will be subject to CADDR
Explanation:
s20 S&S Act is the specific drug related emergency power of entry and search. The scenario makes it clear that a search warrant is being sought. Search warrant is a higher authority in the hierarchy of search. But S.20 of the S&S Act could apply if the officer has formed RGTB the evidential material inside the house may be CADD.
Section 15 relates to 14 year + offences
Identify the two matters that must exist before undertaking a warrantless search of a person for a controlled drug under section 22, Search and Surveillance Act 2012
A
Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
B
Have RGTB that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTS that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
A
Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
Explanation:
Section 22 S&S Act 2012
Have Have RGTS that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and that an offence against the Misuse of Drugs Act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precursor substance and
Have Have RGTB that a person is in possession of a controlled drug or precursor substance. that a person is in possession of a controlled drug or precursor substance.
Section 45 of the Search and Surveillance Act 2012 allows us to conduct trespass surveillance under certain circumstances. What circumstances must exist to make trespass surveillance lawful? (select the option/s that may apply)
A
in relation to an offence punishable by a term of imprisonment of 7 years or more
B
in relation to an offence punishable by a term of imprisonment of 14 years or more
C
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983
A
in relation to an offence punishable by a term of imprisonment of 7 years or more
C
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983
Explanation:
To obtain evidential material
in relation to an offence punishable by a term of imprisonment of 7 years or more
or
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983 (reference to certain sections of the Arms Act 1983 it will suffice)
Search and Surveillance Pg 45
Section 15 of the Search and Surveillance Act 2012 allows the search of premises under certain circumstances. A search may be conducted if:
A
You suspect a 14 year imprisonable offence has occurred and you suspect the offender is present in the address you can enter and search for the person or any evidential material relation to the offence
B
You believe a 14 year imprisonable offence has occurred and you suspect evidential material is in or on the premises and that if there is a delay the evidential material will be concealed, altered, damaged or destroyed.
C
You suspect a 14 year imprisonable offence has occurred and you believe evidential material is in or on the premises and that if there is a delay the evidential material will be concealed, altered, damaged or destroyed.
C
You SUSPECT a 14 year imprisonable offence has occurred and you BELIEVE evidential material is in or on the premises and that if there is a delay the evidential material will be concealed, altered, damaged or destroyed.
Under the Search and Surveillance Act 2012 what ‘knowledge’ must a member of police have as to the whereabouts of drugs before they can search premises or persons without a warrant?
A
Good cause to believe
B
Reasonable grounds to believe
C
Reasonable grounds to suspect
B
Reasonable grounds to believe
R v Cox
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.”
Section 128A, Crimes Act 1961
Allowing sexual activity does not amount to consent in some circumstances, list four of them
Explanation:
- not protesting or offering physical resistance to the activity
- allows activity because of force applied to him or her or some other person OR the threat of force to him or her or some other person OR or fear of force to him or her or some other person
- while he or she is asleep or unconscious
- so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity
- so affected by an intellectual, mental or physical impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity
- mistaken about who the other person is
- mistaken as to nature and quality of the act
In establishing that sexual connection is unlawful there is a subjective / objective test that the Crown must prove relating to consent. List these 3 steps and your understanding of them.
Step 1 – Subjective Test - The complainant did not consent to the sexual act. Whether or not the complainant was consenting is a subjective test from the complainants point of view. What was the complainant thinking at the time? Was she consenting?
Step 2 - Subjective Test - The offender did not believe the complainant was consenting. If she wasn’t consenting did the offender believe she was consenting. What was the offender thinking at the time?
Step 3 – Objective Test - If he did believe she was consenting the grounds for such belief were not reasonable. I.e. What would a reasonable person have believed if placed in the same position as the defendant?
R v Gutuama?
“Gucci”
Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting”
What is Sexual Violation s128(1) CA 1961.
Sexual violation is the act of a person who:
(a) rapes another person; or (b) has unlawful sexual connection with another person.
definition of rape 128(2), CA 1961.
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis, -
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
In relation to penetration - introduction to the slightest degree is enough to effect connection.
T or F
T
How does the Crown prove penetration?
A
Complainants evidence, medical examination, offenders actions
B
Recent complainants evidence, medical examination, defendant’s admissions
C
Complainants evidence, medical examination, defendant’s admissions
C
Complainants evidence, medical examination, defendant’s admissions
What is sexual connection s2 CA 1961?
Connection effected by the introduction into the genitalia OR anus of one person, other than for genuine medical purposes, of:
(i) a part of the body of another person; OR (ii) an object held or manipulated; OR
connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; OR
(c)the continuation of the connection described in (a) or (b)
In relation to genitalia, what was held in R v Koroheke?
A
Genitalia comprise the reproduction organs, interior & exterior … they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
Outline the definition of genitalia?
Genitalia includes the penis and testicles of a male, and the vagina and vulva of a female. The definition also includes surgically constructed or reconstructed organs to naturally occurring male or female genitalia (whether the person concerned is a male, female or indeterminate sex).
In all cases of sexual violation the prosecution must prove beyond reasonable doubt that:
- the offender intended to have sexual connection with the complainant, and
- the complainant did not consent to the sexual act, and
- the offender did not believing the complainant was consenting, or
-if he did believe she was consenting, the grounds for such a belief were not reasonable.
T or F
True
In all cases of sexual violation the prosecution must prove beyond reasonable doubt that:
- the offender intended to have sexual connection with the complainant, and
- the complainant did not consent to the sexual act, and
- the offender did not believing the complainant was consenting, or
- if he did believe she was consenting, the grounds for such a belief were not reasonable.
The elements for Sexual Conduct with a Child u12 are:
A
A person, has sexual violation, with a child
B
A male, has sexual connection, with a child
C
Anyone, does an indecent act, with a child
D
A person, has sexual connection, with a child
D
A person, has sexual connection, with a child
In relation to the above offence and under s132 it is a defence to the charge if the offender believed the child was of / over the age of 12 years.
T or F
False
s132 CA 1961:
(4) it is not a defence to a charge under this section that the person charged believed that the child was of or over the age of 12 years.
(5) it is not a defence to a charge under this section that the child consented.
Under s132 CA 1961 a child is
A
a person under the age of 12 years
B
a person under the age of 10 years
C
a person under the age of 16 years
A
a person under the age of 12 years
R v Forrest & Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.
How should the Crown best prove age?
A
Birth certificate along with the victim giving evidence that they are the person int he certificate.
B
Birth certificate along with independent evidence that the person named in the certificate is the victim.
C
Passport along with independent evidence that the person named in the certificate is the victim.
B
Birth certificate along with independent evidence that the person named in the certificate is the victim.
Bob who is 20 years old is at a local bar. He see’s Jenny a young pretty girl standing with a group of friends. Jenny is only 15 and used her sister’s fake ID to get into the bar. Bob walks over and using his best lines starts talking to Jenny. He manages to convince Jenny go outside to his car parked nearby for a bit of fun. On getting into the car Jenny tells Bob that she is only 15. This excites Bob even more. They start kissing. Bob then inserts 3 of his fingers inside Jenny’s vagina, which hurts Jenny. She tells him to stop. Bob does, but tells her to get out of the car saying she is just a prude. Bob can be charged with Sexual Conduct with a Young Person u16 (s134(1) CA 1961.
T or F
True
Inserting 3 fingers into Jenny’s vagina satisfies the definition of Sexual Connection. He knows she is under 16 as she told him she was 15 and he continues anyway. The slightest degree of penetration will suffice etc… Even though she consented he has no defence under s134A CA 1961.
What is the defence under s134A(1) CA 1961
(1) It is a defence to a charge under section 134 if the person charged proves that, -
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
(b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
(c) the young person consented.
The elements of Sexual Conduct with a Young Person u16 (s134(3) CA1961) are:
A person, does an indecent act, with a young person.
T or F
True
Define Indecent Act s2 CA 1961
(1B) For the purposes of this Act, one person does an indecent act on another person whether he or she -
(a) does an indecent act with or on the other person; OR
(b) induces or permits the other person to do an indecent act with or on him or her
R v Court
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].
R v Dunn states - indecency must be judged in light of time, place & circumstances. It must be something more than trifling, and be sufficient to warrant the sanction of the law.
T or F
True
In relation to a charge of an Indecent Act with a Young Person u16 the defence under s134A(1) CA 1961 does not apply.
T or F
False
Steve who is 16 has sex with his sister Jo who is 15. Under s130 CA 1961 (Incest) who can be charged under this section?
A
Both Steve and Jo.
B
Jo only.
C
Neither gets charged
D
Steve only.
D
Steve only.
Explanation:
s130 CA 1961 - (1) Sexual connection is incest if -
(a) it is between 2 people whose relationship is that of parent/child, siblings, half-siblings, or grandparent/grandchild; AND
(b) the person charged knows of the relationship.
(2) Everyone of or over the age of 16 years, who commits incest is liable to a term of 10 years imprisonment.
Jo cannot be charged as she is under 16 years of age.
Tim is walking home after a a night out. He sees Anna who has just finished work sitting in a bus stop awaiting her Uber ride. Tim attempts to strike up a conversation but Anna does her best to ignore him. She asks him to leave her alone and that her Uber will be here shortly. Enraged Tim says “fuck you” punches her in the face. He then drags a semi dazed Anna into the bushes behind the bus stop saying”you’re gonna take this”. Tim lifts her skirt and rips of her panties before having sex with her. Anna comes around and starts struggling and screaming “stop”. Tim keeps going until he hear’s a car pull up. He withdraws zips up and says “next time” before running off.
Complete a criminal liability for the most appropriate offence.
Sexual Violation by Rape S128 (1)(a) CA1961
A person
Rapes
Any Other Person
A Person - Gender Neutral JN/CE
Rapes
Intent, Constent, Penetration, Genitalia, sexual violation
R v Collister - Intent
R v Cox - Consent
R v Gutuama - Consent
R v Koroheke - Genitalia
Any other Person - Gender Neutral JN/CE
Rose is 10 years old and is staying with her Uncle Bully and Aunty Cath whilst her parents are away on an overseas trip. During her stay Uncle Bully has been overly friendly with Rose buying her gifts and winning her trust. One night when her Aunty is out Uncle Bully comes into her room while she is sleeping and lies down next her. Rose wakes up and asks what Uncle Bully is doing. He strokes her head saying that he is just making sure she is safe. Rose is aware that Uncle Bully has no clothes on. Uncle Bully then lifts up her nightie pulls down her panties and inserts 2 fingers into her vagina while kissing her head. Thinking that this is just Uncle Bully looking after her she lies there and allows him to continue. Her Aunties then car pulls into the driveway at which point Uncle Bully tells her to keep it between the two of them as Aunty Cath has other things on her mind. He then walks out of the bedroom.
Sexual Conduct with a Child U12
S132 (1) CA1961
Any Person
Has Sexual Connection
With a Child
Intent, Consent (Unable to give), Penetration, Genetalia R v Gutuama R v Koroheke R v Collister R v Forrest & Forrest
Person Gender Neutral JN/CE
Rachel is one of 5 teachers supervising and assisting their year 10 school students at an outdoor camp. The students are aged between 14 - 15 years. One night whilst checking all the boys are asleep she notices one of the more attractive boys, Brad (14 yrs) is having trouble sleeping. She slips into his bed and says she can help him relax. Guiding Brad’s hand she moves his hand and fingers in a rubbing motion over the top of her undies around her vagina. At the same time she rubs Brad’s penis through his pyjama bottoms. Another boy stirs nearby, not wanting to get caught Rachel stops and returns to her cabin.
Sexual Connection with a Person U16
S134 (3) CA1961
Any Person
Does an indecent act
With a YP Under 16
Any Person - Gender Neutral JN/CE
Intent, Consent (Unable to give), Indencey, Genetalia, Sub, Sub, Obj
R v Koroheke - Genetalia R v Collister - Intent R v Gutuama - Consent R v Court - Indecency R v Dunn - Indecency R v Forrest & Forrest - Age Consent Defence N/A knows boy U16
Person Gender Neutral JN/CE
R v Forrest Forrest
Three examples of circumstantial evidence from which an offender’s intent may be inferred are
1) The offenders actions and words before, during and after the event
2) The surrounding circumstances
3) What a reasonable person in similar circumstances would think
T or F
False
Explanation:
1) The offenders actions and words before, during and after the event
2) The surrounding circumstances
3) The nature of the act itself
Claim of Right.
means a belief at the time of the act in a propriety or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed
Obtain means:
A
Obtain or keep for yourself or anyone else
B
Acquire or retain for himself or herself or any other person
C
Obtain or retain for himself or herself or any other person
D
All of the above are correct.
C
Obtain or retain for himself or herself or any other person
The definition of property is: personal property that is yours and includes money, any debt and anything else in your possession.
T or F
False
Real and personal property, and any estate or interest in any real or personal property, (money, electricity) and any debt, and any thing in action, and any other right or interest.
R V Misic a document is:
A
A thing which provides evidence or information or serves as a record
B
A thing which records data, transactions and records
C
A thing which provides evidence or information or serves as a record but doesn’t include a credit card.
A
A thing which provides evidence or information or serves as a record
What is a pecuniary advantage and name the case law relating to pecuniary advantage?
Case Law
Hayes v R
Anything that enhances the accused’s financial position.
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception. The name of this case law is:
A
R V Hayes
B
R v Cox
C
R v Misic
D
Morley v R
D
Morley v R
Under Deception s240(2)(a) a False Representation means: a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and
(i) knows that it is false in a material particular;or
(ii) is reckless as to whether it is false in a material particular
T or F
True
Under deception (false representation) what are the three requirements that need to be proved?
There was an intention to deceive
There was a representation by the defendant
The representation was false; and that the defendant either:
knew it to be false in a material particular OR
was reckless whether or was false in a material particular
List the elements of Causing Loss by Deception s240(1)(d)
By any deception
Without claim of right
Causes loss to any other person
Pecuniary advantage is one of the outcomes from obtaining by deception. List three others.
property
privilege
service
benefit
valuable consideration
How does the Oxford Dictionary define Title?
“A right or claim to the ownership of property”
Jordan hires a drill and other items from Kennards Hire using a stolen credit card. Once in his possession does Jordan obtain title of the items? Explain your answer.
No. Where goods are obtained via a hire firm title is not obtained and remains with the hire company. Essentially they are borrowed by Jordan from the hire company.
How is title Avoided?
Communicating it to the deceiver.
Taking all possible steps to bring it to the deceivers notice, by writing, letter, text etc.
Reporting the deception to the Police.
Sarah is at home studying for her DDC exam her flatmate has left his credit card for her to use to buy some lunch (only) to fuel her tired brain. Around lunchtime Sarah heads of to her local mall and buys some lunch. As she goes to leave the mall she sees an outfit that would make her stand out amongst the rest of her class at the graduation of the course. She walks into the shop, tries on the outfit she really likes it and has never owned such expensive clothes before. Knowing she has her flatmates credit card to purchase lunch she uses it to then purchase the outfit a cost of $250.00. Name Act and Section
Using a Document s228(1)(b) CA 1961
Dishonestly
Without Claim of Right
Uses a document
with intent to obtain any property
Discussion needs to cover Dishonestly s217.
COR s2.
Use (Adams on Criminal Law.
Document under 217(e) - credit card stores information. R v Misic
Intent - Collister etc.
Obtain under s217
Property s2
Define consent and outline what was held in R v Cox in relation to consent?
S2 definition
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement. (R v Cox)
Definition S2
Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another
Section 128A, Crimes Act 1961
Cannot Consent
- not protesting or offering physical resistance to the activity
- allows activity because of force applied to him or her or some other person OR the threat of force to him or her or some other person OR or fear of force to him or her or some other person
- while he or she is asleep or unconscious
- so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity
- so affected by an intellectual, mental or physical impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity
- mistaken about who the other person is
- mistaken as to nature and quality of the act
In establishing that sexual connection is unlawful there is a subjective / objective test that the Crown must prove relating to consent. List these 3 steps and your understanding of them.
Step 1 – Subjective Test - The complainant did not consent to the sexual act. Whether or not the complainant was consenting is a subjective test from the complainants point of view. What was the complainant thinking at the time? Was she consenting?
Step 2 - Subjective Test - The offender did not believe the complainant was consenting. If she wasn’t consenting did the offender believe she was consenting. What was the offender thinking at the time?
Step 3 – Objective Test - If he did believe she was consenting the grounds for such belief were not reasonable. I.e. What would a reasonable person have believed if placed in the same position as the defendant?
R v Gutuama?
Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting”
Define Sexual Violation s128(1) CA 1961.
1) Sexual violation is the act of a person who:
(a) rapes another person; or
(b) has unlawful sexual connection with another person.
Outline the definition of rape 128(2), CA 1961.
2) Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis, -
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
In relation to penetration - introduction to the slightest degree is enough to effect connection.
T or F
True
What is the definition of sexual connection s2 CA 1961?
(a) Connection effected by the introduction into the genitalia OR anus of one person, other than for genuine medical purposes, of:
(i) a part of the body of another person; OR
(ii) an object held or manipulated; OR
connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; OR
(c)the continuation of the connection described in (a) or (b)
In relation to genitalia, what was held in R v Koroheke?
A
Genitalia comprise the reproduction organs, interior & exterior … they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
B
Genitalia comprise the sexual organs, interior & exterior … they include the vulva [and] the labia, exterior, at the opening of the vagina.
C
Genitalia comprise the reproduction organs, interior & exterior … they don’t include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
B
Genitalia comprise the sexual organs, interior & exterior … they include the vulva [and] the labia, exterior, at the opening of the vagina.
C
Genitalia comprise the reproduction organs, interior & exterior … they don’t include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
A
Genitalia comprise the reproduction organs, interior & exterior … they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
Outline the definition of genitalia?
Genitalia includes the penis and testicles of a male, and the vagina and vulva of a female. The definition also includes surgically constructed or reconstructed organs to naturally occurring male or female genitalia (whether the person concerned is a male, female or indeterminate sex).
In all cases of sexual violation the prosecution must prove beyond reasonable doubt that:
- the offender intended to have sexual connection with the complainant, and
- the complainant did not consent to the sexual act, and
- the offender did not believing the complainant was consenting, or
- if he did believe she was consenting, the grounds for such a belief were not reasonable.
T or F
True
The elements for Sexual Conduct with a Child u12 are:
A
A person, has sexual violation, with a child
B
A male, has sexual connection, with a child
C
Anyone, does an indecent act, with a child
D
A person, has sexual connection, with a child
D
A person, has sexual connection, with a child
In relation to the above offence and under s132 it is a defence to the charge if the offender believed the child was of / over the age of 12 years.
T or F
False
s132 CA 1961:
(4) it is not a defence to a charge under this section that the person charged believed that the child was of or over the age of 12 years.
(5) it is not a defence to a charge under this section that the child consented.
Under s132 CA 1961 a child is
A
a person under the age of 12 years
B
a person under the age of 10 years
C
a person under the age of 16 years
A
a person under the age of 12 years
R v Forrest & Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.
How should the Crown best prove age?
A
Birth certificate along with the victim giving evidence that they are the person int he certificate.
B
Birth certificate along with independent evidence that the person named in the certificate is the victim.
C
Passport along with independent evidence that the person named in the certificate is the victim.
B
Birth certificate along with independent evidence that the person named in the certificate is the victim.
Bob who is 20 years old is at a local bar. He see’s Jenny a young pretty girl standing with a group of friends. Jenny is only 15 and used her sister’s fake ID to get into the bar. Bob walks over and using his best lines starts talking to Jenny. He manages to convince Jenny go outside to his car parked nearby for a bit of fun. On getting into the car Jenny tells Bob that she is only 15. This excites Bob even more. They start kissing. Bob then inserts 3 of his fingers inside Jenny’s vagina, which hurts Jenny. She tells him to stop. Bob does, but tells her to get out of the car saying she is just a prude. Bob can be charged with Sexual Conduct with a Young Person u16 (s134(1) CA 1961.
T or F
True
Inserting 3 fingers into Jenny’s vagina satisfies the definition of Sexual Connection. He knows she is under 16 as she told him she was 15 and he continues anyway. The slightest degree of penetration will suffice etc… Even though she consented he has no defence under s134A CA 1961.
What is the defence under s134A(1) CA 1961
(1) It is a defence to a charge under section 134 if the person charged proves that, -
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
(b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
(c) the young person consented.
The elements of Sexual Conduct with a Young Person u16 (s134(3) CA1961) are:
A person, does an indecent act, with a young person.
T or F
True
Define Indecent Act s2 CA 1961
(1B) For the purposes of this Act, one person does an indecent act on another person whether he or she -
(a) does an indecent act with or on the other person; OR
(b) induces or permits the other person to do an indecent act with or on him or her.
R v Court
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].
R v Dunn states - indecency must be judged in light of time, place & circumstances. It must be something more than trifling, and be sufficient to warrant the sanction of the law.
T or F
True
In relation to a charge of an Indecent Act with a Young Person u16 the defence under s134A(1) CA 1961 does not apply.
T or F
False
Steve who is 16 has sex with his sister Jo who is 15. Under s130 CA 1961 (Incest) who can be charged under this section?
A
Both Steve and Jo.
B
Jo only.
C
Neither gets charged
D
Steve only.
D
Steve only.
s130 CA 1961 - (1) Sexual connection is incest if -
(a) it is between 2 people whose relationship is that of parent/child, siblings, half-siblings, or grandparent/grandchild; AND
(b) the person charged knows of the relationship.
(2) Everyone of or over the age of 16 years, who commits incest is liable to a term of 10 years imprisonment.
Jo cannot be charged as she is under 16 years of age.
Rachel is one of 5 teachers supervising and assisting their year 10 school students at an outdoor camp. The students are aged between 14 - 15 years. One night whilst checking all the boys are asleep she notices one of the more attractive boys, Brad (14 yrs) is having trouble sleeping. She slips into his bed and says she can help him relax. Guiding Brad’s hand she moves his hand and fingers in a rubbing motion over the top of her undies around her vagina. At the same time she rubs Brad’s penis through his pyjama bottoms. Another boy stirs nearby, not wanting to get caught Rachel stops and returns to her cabin.
Sexual Conduct with a YP
S134(3) CA1961
Any oerson
Does an indecent act
on a YP
Oranga Tamariki and Police always discuss a CPP initial joint investigation plan (IJIP), the purpose of which is to ensure that OT and Police work together to secure the child’s immediate safety and the collation of evidence. Outline at four points the IJIP must consider:
Immediate safety of the child involved and any other children who may be identified as being a risk.
Referral to a medical practitioner and authority to do so.
Management of the initial interview with the child.
Is a joint visit required due to risk of further offending, loss of evidence, the likelihood of the alleged offender being hostile, concerns for staff safety.
Collection of any physical evidence such as photographs.
Any further actions agreed for Police &/or OT including consideration as to whether a multi-agency approach is required.
A reconnaissance is the preliminary inspection or survey made….
A
to apply initial action to the scene and establish the scene preservation and security.
B
to ensure you obtain all information available of the known events that have occurred within the scene and any ‘post-event history’.
C
to get an overall picture and assessment of the scene without disturbing the evidence.
C
to get an overall picture and assessment of the scene without disturbing the evidence.
Prior to a medical examination from a sexual Assault doctor’s examination, what information will you share with the medical practitioner? (Select all appropriate options)
A
Advise the age & gender of the victim as this may impact on the practitioner’s suitability.
B
The relationship between the victim and the alleged offender and whether there are any inconsistencies with the victims initial complaint.
C
Advise when the sexual assault is believed to have occurred.
D
Give a brief outline of the information known so far, including whether drugs may be involved and details of the victim’s injuries, level of intoxication or other known health concerns.
E
If relevant, discuss the victim’s wishes about gender of the examining practitioner.
A
Advise the age & gender of the victim as this may impact on the practitioner’s suitability.
C
Advise when the sexual assault is believed to have occurred.
D
Give a brief outline of the information known so far, including whether drugs may be involved and details of the victim’s injuries, level of intoxication or other known health concerns.
E
If relevant, discuss the victim’s wishes about gender of the examining practitioner.
What is the definition of a specified offence under s29 Victims Rights Act 2002?
An offence of a sexual nature specified in;
(a) Part 7 of the Crimes Act 1961, excluding the offences in sections 143 and 144; or
sections 216H to 216J of the Crimes Act 1961; or
(b) an offence of serious assault that does not come within paragraph (a); or
(c) an offence that has resulted in serious injury to a person, in the death of a person, or in a person becoming incapable; or
(d) an offence of another kind, and that has led to the victim having ongoing fears, on reasonable grounds,—
(i) for his or her physical safety or security; or
(ii) for the physical safety or security of 1 or more members of his or her immediate family
Which of the following is NOT a guideline in regards to the initial questioning of a child in CPP cases?
A
If the child has made a clear disclosure to an adult and that adult can give you the information DO NOT ask the child again what has happened to them.
B
DO NOT continue to question the child if it becomes clear while speaking to them that an offence has occurred.
C
If it is unclear what the child has said and there are no urgent safety issues DO NOT question further.
D
The child must be questioned in the presence of a lawyer or guardian.
D
The child must be questioned in the presence of a lawyer or guardian.
The ASAI policy and procedures set out the key process points in adult sexual assault investigations. It applies to all cases where the victim of the alleged offending (male or female) is of a specific age or older at the time a complaint is made.
Identify which of the following statements is correct in relation to the ASAI policy.
A
All cases where the perpetrator of the alleged offending is 18 years of age or older at the time the incident occurred.
B
All cases where the victim of the alleged offending is 17 years of age or older at the time of making the complaint.
C
All cases where the victim of the alleged offending is 18 years of age or older at the time of making the complaint.
D
All of the above.
C
All cases where the victim of the alleged offending is 18 years of age or older at the time of making the complaint.
Under ASAI processes the primary objective of a Medical Forensic Examination is the victim’s physical, sexual and mental health and safety.
T or F
True
A 23 year old female has rung you to advise she believes she has been sexually violated. Name 4 pieces of advice you would give her prior toany medical examination?
Don’t eat or drink anything
Try to refrain from going to the toilet. If necessary use kit to capture urine
Don’t wash or have a shower
Don’t wash hands or bite their fingernails
Don’t change clothing
Refrain from smoking
Don’t brush or comb hair
Do not brush teeth or rinse their mouth
In all ASAI cases a preliminary interview may be critical to the investigation. What does the preliminary interview seek to establish?
Brief outline of facts
Victim Safety
Public Safety
Investigations needs such as potential loss of evidence, medical circumstances & suspects likely action
In relation to the timing of Forensic Examinations outline the time frames for the following:
Acute / Suspected drug facilitated sexual assault.
Non-acute.
Historic.
Acute / drug facilitated - reported within 1 - 7 days.
Non-acute - reported 7 days - 6 mths after incident.
Historic - reported 6 mths after incident.
S103 - 105 of the Evidence Act 2006 allows for victims of sexual assault to give evidence by alternative means. Who makes this decision?
A
The Crown
B
The trial Judge
C
The Defence
D
The jury.
B
The trial Judge
Under CPP guidelines the age of a child is:
A
Under 17 at the time of the referral.
B
Under 16 at the time of the referral
C
Under 18 at the time of the referral
D
Under 18 at the time of the incident.
C
Under 18 at the time of the referral
Outline the three OT time frames in relation to CPP Incidents.
Critical 24hrs - No safety of care identfied. Child at risk of serious harm & requires immediate involvement.
Very urgent 48hrs - At risk of serious harm but has some protective factors for next 48hrs. Present situation/need likely to change, high priority follow-up.
Urgent 7 days - At risk of harm / neglect which are likely to negatively impact on child. Options of safety and support explored but remain unmet.
VOWES stands for Victim, Offence, Witnesses, Exhibits, Scene
T or F
False
Identifying a route into the scene is called?
A
A common access path
B
A combined approach path
C
A common approach path
C
A common approach path
Why is a common approach path used?
To avoid any contamination in and out of the scene espically of potential routes taken by any suspects / offenders
Who MUST interview a Child Abuse Victim or Child witness?
A
Any member of CIB.
B
A qualified person from OT.
C
A specialist child interviewer.
C
A specialist child interviewer.
Definition of victim under s4(a)(iii) of the Victims Rights Act 2002 extends to a parent or legal guardian of a child, or of a young person against whom an offence is committed by another person?
T or F
True
Police have been called to a deceased male who has been stabbed at an address. You have conducted the initial action. DS “I am good” Lynch is on his way to the scene. From the Scene theory presentation what 4 actions does DS “I am good” Lynch expect to see upon his arrival.
TAPE
Freeze
Control
Preserve
Under s4 Victims Rights Act 2002 an immediate family member means;
a member of the victims family, whanau, or other culturally recognised family group, who is in a close relationship with he victim at the time of the offence.
T or F
True
Player 456 is a man about town. One night he is driving around downtown Auckland when he comes across a young lady, KiKi who is dressed to the nines. He pulls over and attempts to chat her up. KiKi ignores his advances saying “honey, you are out of your league. My boyfriend earns more in a week than you do in a year”. Angry at being rejected in such a demeaning way Player 456 and mutters “Ill show you”. Knowing her boyfriend earns a lot of money he thinks to himself lets see how much he will will pay for you.
He drives his car in front of her – gets out and stands by his car door. As Kiki walks past Player 456 punches her in the head – immediately knocking her unconscious. He drags her into the back seat and drives off to his home where he ties her up and keeps her in the garage. Her boyfriend is contacted and begrudgingly pays $100 dollars for her (nah jokes) pays $10,000 in exchange for her release.
On a separate document write or type a criminal liability outlining the most appropriate offence.
Kidnapping
S209 CA1961
Unlawfully Takes away Any person Without their consent With intent to hold them for Ransom
Leah and Conan have been in a relationship for 10 years. Unbeknown to Conan, Leah has been having a secret affair with Julia, a work colleague. One night out at dinner Leah goes to the toilet and leaves her phone on the table. Julia messages her and Conan sees the message and discovers the affair. Conan is enraged and leaves the table. Later that night he leaves his house to go and see Leah. Outside Leah’s house he peeps through the window to see Leah embracing Julia. He waits until the lights go off and decides to get revenge. He goes to his car and gets a petrol can and pours petrol on the front deck. He takes a lighter and ignites the petrol. The deck goes up and soon the entire house is engulfed in flames. Leah and Julie suffer severe burns as a result and are hospitalised.
Act Section and ingredients
Arson (danger to life)
S267(1)(a) CA1961
Intentionally
Damages with Fire
any property
if he ought to know danger to life would ensue
John and Bazz are mates who are down on their luck. John decides to go to the local dairy in the middle of the night and break in so he can steal some food for his family. Bazz goes along for the ride so he can keep an eye out. they go to the dairy and John breaks in while Bazz waits outside, keeping an eye put for nosy do-gooders. While he is hunting round inside, the shop keeper (who was asleep out the back) turns on the lights and asks John what he is doing.
John immediately pulls a knife from his jacket, raises it up and stabs the shop keeper n his arm in an effort to get away. The shop keeper falls down, clutching his arm. John flees from the scene empty handed.
a) Identify the most appropriate offence committed by John
c) List the elements of the Act, section and subsection that relate to the scenario
Aggravated Wounding
s191 (1)(c) CA61
With Intent to facilitate flight of himself Upon the commission of an imprisonable offence
Wounds
Any person
Intent = (You know this)
Facillitate flight = make easier
Comission of an imprisonable offence = actually committed (Burglary has already been committed)
Imprisonable offence = demarked into four categories
Wounds = (You know this)
Any person = (You also know this)
Is Bazz liable, explain your answer?
Yes, Bazz is liable as a party under s 66(1) as he aided John in committing the offence.
Would Bazz still be a party if he did not know that John had a knife?
Yes, but he may be a party to burglary
Would Bazz still be a party if he did not know that John was intending to commit burglary and then had broken into the shop, that John had simply told him to wait there?
No, but depending on what happened after, he could be charged with other offences.
Same scenario, but this time they both chicken out of committing the burglary, what would the offence be and why?
Conspiracy s310CA61
conspires with any person to commit any offence
When is a conspiracy complete?
As soon as the agreement is made, with the necessary intent
Instead of getting caught, they both flee the scene and Bazz gives the knife to his girlfriend La-Tisha (its west Auckland) to get rid of. He tells her what happened and tells her to sort it out. She buries the knife in the back yard of her address. Is she guilty of an offence, if so, what? (and RTS)
Accessory after the fact to Aggravated Wounding
s71(1)CA61
An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him or her, in order to enable him or her to escape after arrest or to avoid arrest or conviction.
Knowing= Must have actual knowledge the person they are assisting has committed an offence. La-Tisha knew John and Bazz had committed the offence as they told her.
Party = John and Bazz actually committed the offence
Actively suppresses evidence = La-Tisha buried the knife, this actively suppressed the evidence
Aviod arrest= prevent arrest. She has done this in an effort to prevent the boys being identified and arrested.
Section 240(1)(b) deals with obtaining credit by deception. The term ‘credit’ means:
an obligation on the debtor to pay or repay, and the time given for them to do so
Barry steals a 10 metre yacht complete with outboard motor valued at $100,000. He takes it to a lockup and meets Bruce. Bruce is aware of the yachts theft and wants to buy the boat as Barry is selling is cheap. He takes the boat and pays Barry $20,000 for it.
a) Do Barry or Bruce have title over this property? Explain your answer.
Case Law
No
Explanation:
Neither Barry or Bruce have title over the property as the property was stolen therefore effective title does not transfer to them. They have possession but not ownership.
R v Cox - Possession, 2 elements physical custody and mental (knowledge and intention)
Define “Claim of Right” ?
a belief at the time of the act that you either owned or had a right to possess the property in question although it may be based on ignorance of law or fact
Mary and Sally live next door to each other but do not get along. Marys Son Phil is playing in the driveway and loses a kite in Sally’s yard. Mary goes across the fence to get it. An argument ensues which quickly escalates into violence, bringing the neighbours out of their houses. Sally told Mary that she will ‘farkin kill her once and for all’ and that ‘she had better be wearing her fighting pants’.This turns quite brutal, Mary is pushing Sally’s face away with her left hand as she is being held in a head lock. Sally sees the tempting finger approach her mouth. She opens her mouth and bites down on Marys finger, severing it off in her mouth. She spits the severed finger out of her mouth and the fight continues until Police arrive. What is the offence quoting Act, Section, Subsection, ingredients and complete a brief RTS
(Wounding with Intent to cause GBH)
188(1) CA61
With Intent to Cause GBH
to any person
Maims
any person
Two types of intent, to get a specific result and commit the act. Sally intended to wound Mary as the act was very violent, the words used and she made a conscious decision to bite her finger off.
Cause GBH = Harm that is really serious. Her intent is demonstrated clearly based on the level of violence, Sally tells her that she is going to ‘farkin’ kill her’.
to any person = proved by judicial notice or circumstantially. Mary is a person.
Maims = loss of a sense/ bodily part permanently. Biting a persons finger off causes a permanent loss of a sense.
any person (AA)
Explain your understanding of intent quoting any definitions you are aware of and relate it to this scenario.
Two types of intent
Firstly an intent to commit the act and secondly an intent to achieve a desired result.
Sally evades Police and you decide to ‘prop’ on the house from a neighbours address, so you can nab her when she returns. You are looking into the back yard with binoculars and have plain line of sight into the front bedrooms. Are you entitled to do this, and if so what are the requirements?
No, Expectation of privacy. Would need a warrant
Demonstrate your understanding of R v Collister in respect of intent. What was the case and what was held?
Offenders intent can be inferred by the offenders words and actions before during and after the event, the surrounding circumstances, the nature of the act itself.
two differing types of intent. Firstly an intent to commit the act and secondly an intent to get a specific result.
What was held with ‘Joyce’ and ‘Galey’ in respect of physical proximity and joint enterprise?
Joyce = together with requires two or more people are actually (physically) present and acting together in the commission of the crime. Galey = Mere presence without active participation is not sufficient. Being together involves two or more people having the common intention to use their combined force directly in the perpetration of the crime.
What was held in ‘Rapana’ and ‘Murray’?
Disfigure = to deform or deface, mar or alter the appearance or figure of a person. Need not be permanent.
Harsh is a keen gaming developer, working on the new ‘Pokemon-Go 2019 Delux edition’. Hes nearing completion and goes to the pub to celebrate with Khail. They go to the Te Atatu tavern, which is close to Khail’s place. A few beers later and Harsh jibes Khail that his sister Nandi has all the brains in the family. This enrages Khail who picks up a bar stool and goes to smash Harsh with it. Unfortunately, Kate is standing behind Khail, she has been recovering from a hard week of being pushed down stairs and needs some alcohol to forget! The stool scones poor Kate in the face and she is left with a deep cut requiring stitches.
What is the Act, section, SS and RTS?
Case law
Wounding with Intent to Cause GBH
S188(2) CA61
With Reckless disregard
Wounds
Any person
Cameron v R
R v Tipple
Wound is a breaking of the skin evident by the flow of blood
R v Waters
GN by JN/CE
With the above example, what is the Doctrine of Transferred malice and does it apply here?
Yes
Where harm intended for one person is accidentally inflicted on another the offender is still criminally liable.
What was held in R v Strawbridge?
If there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so. Application: guilty knowledge
‘Circumstantial evidence’ can be used to infer an offender’s intent in relation to serious assaults. Name the three inferences in relation to the offenders intent
Act itself, surrounding circumstances and The offenders actions and words before, during and after the event.
Under the Search and Surveillance Act 2012 what ‘knowledge’ must a member of police have as to the whereabouts of drugs before they can search premises or persons without a warrant?
A
Reasonable grounds to believe
B
good cause to suspect
C
Reasonable grounds to suspect
D
Just go and do it
A
Reasonable grounds to believe
What phrase best describes the purpose of visual surveillance?
Select one:
A
Observing, of people, vehicles, places and things
B
Observing, and any recording of that observation, of people, vehicles, places and things
C
Using Police surveillance to observe people, vehicles and locations
D
Using you eyes and mobility device to see what people are up to
B
Observing, and any recording of that observation, of people, vehicles, places and things
The warrantless period for the use of a surveillance device in a situation of emergency or urgency is:
A period not exceeding 48 hours
After an argument over payment of a debt, Jacob stabbed Ross in the chest, causing his immediate death. Jacob then went to his brother Anton’s house and told him what had happened. Anton agreed to dispose of the knife and Jacob’s bloody clothing. Anton later told his girlfriend Kate what had happened and arranged for her to dump the items, which she did. Jacob is later charged with murder with Anton charged as an accessory after the fact. What offence, if any, has Kate committed?
A
Kate is an accessory after the fact to murder because she assisted Jacob by suppressing evidence against him
B
Kate is a party to the murder as she willingly disposed of evidence against Jacob knowing what he had done.
C
No offence is committed by Kate as she did not directly assist Jacob and an accessory has already been charged.
A
Kate is an accessory after the fact to murder because she assisted Jacob by suppressing evidence against him
John finds a wallet in the local park and removes a number of documents, including a card in the owner’s name, for membership of a local club ‘members only’ swimming pool. As it is a hot day John decides to use the card to gain acces to the pool. Which answer best describes what John has obtained as a result of his use of the card?
A
a pecuniary advantage
B
a privilege or benefit
C
a valuable consideration
B
a privilege or benefit
In relation to being a party to an offence, Section 66, Crimes Act 1961, Offenders can also be charged as parties to any other offence (offence B) that any one of them commits in order to assist in the commission of the offence originally agreed to (offence A). R v Betts and Ridley provided an exception to this rule. What was held in this case?
A
A person is guilty as a party if he is present at the scene of a crime and does nothing to prevent the actions of the other in any subsequent offences.
B
To be in a room and witness a rape is not sufficient to render a person liable.
C
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.
C
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.
Phil and Craig are diligent young Constables. During the course of their duties they drive to a well- known drug dealers address. They decide to sneak onto the drug dealer’s property and peer into the windows looking for evidence of drug dealing. Are their actions lawful?
A
No. There is no evidence of a drug dealing offence taking place
B
No. They are trespassing as they have no authorised entry onto to private land and could potentially be observing private activity in a private premise
C
Yes. They have implied license to enter onto any property during the course of their duties
B
No. They are trespassing as they have no authorised entry onto to private land and could potentially be observing private activity in a private premise
Explain R v Cox case law in respect to consent.
Consent must be ‘full, voluntary, free and informed… freely and voluntary given by a person in a position to form a rational judgement”. Consent may be conveyed by word or conduct or both.
What are the three intents required in relation to kidnapping?
A
Hold him or her for ransom or to service-
B
cause him or her to be confined or imprisoned-
C
cause him or her to be sent or taken out of NZ
In relation to Abduction, explain the ‘taking away’ of a person and relate to case law
Victim is physically removed from one place to another.
R v PRYCE - keep in confinement or custody
R v WELLARD - The deprivation of liberty coupled with a carrying away from the place where the victim wants to be
During a search warrant on a house you find Bob in the kitchen scraping cannabis oil from a frying pan into a jar.
When spoken to, Bob admits to soaking some cannabis plant in isopropyl alcohol (IPA) and making the oil. Identify the most appropriate offence for Bob.
A
Producing a Controlled Drug - Section 6(1)(b), Misuse of Drugs Act 75
B
Manufacturing a Controlled Drug - Section 6(1)(b), Misuse of Drugs Act 75
C
Possession of a controlled drug for supply - Section 6(1)(f), Misuse of Drugs Act 75
D
Conspiring to deal with controlled drug - Section 6(2A), Misuse of Drugs Act 75
E
Dealing with Cannabis Preparations - Section 29B Misuse of Drugs Act 75
A
Producing a Controlled Drug - Section 6(1)(b), Misuse of Drugs Act 75
Bob has soaked cannabis plant material in isopropyl alcohol and so is bringing something into being or existence (Cannabis Oil) from its raw materials or elements (Cannabis Plant). Cannabis oil is a class B controlled drug as defined in s2 of the MODA 1975
Section 29B, Misuse of Drugs Act 1975
Special provisions where offence relating to cannabis preparations alleged
For the purposes of any proceedings for an offence against any of the provisions of section 6 or section 7 of this Act in relation to any cannabis preparation the following provisions shall apply:
(tick the relevant provisions)
A
It shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols:
B
The preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material:
C
The question of whether or not any preparation is in a form that is clearly recognisable as plant material shall, in the event of dispute between the prosecutor and the defendant, be determined by the jury
D
Plant material means the whole or any part of the leaf, flower, or stalk of any plant (of whatever species):
A,B,C,D
Plant material means the whole or any part of the leaf, flower, or stalk of any plant (of whatever species):
The question of whether or not any preparation is in a form that is clearly recognisable as plant material shall, in the event of dispute between the prosecutor and the defendant, be determined by the jury
The preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material:
It shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols:
Explanation:
It provides that a cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material – for example, producing cannabis oil or baking a cannabis cake.
Note:
Placing cannabis plant in a solution of isopropyl alcohol and then evaporating the liquid creates a cannabis preparation. This process concentrates the THC and has the effect of upgrading what was originally Class C cannabis plant to a Class B cannabis preparation.
Section 29B, Misuse of Drugs Act 1975
Special provisions where offence relating to cannabis preparations alleged
For the purposes of any proceedings for an offence against any of the provisions of section 6 or section 7 of this Act in relation to any cannabis preparation the following provisions shall apply:
1) It shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols:
2) Subject to paragraph (a) of this section, the preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material:
3) Plant material means the whole or any part of the leaf, flower, or stalk of any plant (of whatever species):
4) The question of whether or not any preparation is in a form that is clearly recognisable as plant material shall, in the event of dispute between the prosecutor and the defendant, be determined by the jury (or, if there is no jury, by the Judge as a question of fact) by means of a visual inspection unaided by any microscope or magnifying glass (other than spectacles ordinarily worn) or by any other device.
Manufacturing in relation to Section 6(1)(b) is the process of synthesis combining components or processing raw materials to enhance the stimulating effects of the raw ingredients.
T or F
False
Explanation:
Manufacture: Manufacturing is the process of synthesis combining components or processing raw materials to create a new substance.
Common examples include manufacturing methamphetamine from pseudoephedrine or manufacturing heroin from morphine
In relation to Section 6(1)(b) MODA 75 When is the offence of producing complete
A
The offence of producing is complete as soon as a minimum two ingredients are combined with the intent to produce a controlled drug whether or not the process is completed in full or not
B
The offence of producing is complete once the Controlled drug is in a usable form
C
The offence of producing is complete once the prohibited substance is created, whether or not it is in a usable form.
C
The offence of producing is complete once the prohibited substance is created, whether or not it is in a usable form.
Explanation:
The offence of producing is complete once the prohibited substance is created, whether or not it is in a usable form.
For example in R v RUA, Methamphetamine in suspension in a two-layered liquid, although not capable of being used in that state, was held to be manufactured
If someone Provides written instructions (a recipe) to a person on how to make Methamphetamine, without which they could not have made the drug are they liable for any offence?
A
No, Written instructions are not sufficient alone to make the writer liable for an offence - there most be proof of a further act or conspiracy toward completing the actual offence
B
Yes, they are liable as a party to the manufacture of a controlled drug under 66(1)(d) as they have ‘counselled’ them on how to manufacture - without the instructions they could not have done this.
C
Yes, they are liable for conspiracy under section 6(2A) MODA75 as the note is sufficient to prove and agreement between two or more people to commit an offence against section 6(1) of the Misuse of Drugs Act 1975
B
Yes, they are liable as a party to the manufacture of a controlled drug under 66(1)(d) as they have ‘counselled’ them on how to manufacture - without the instructions they could not have done this.
Admissions, packaging, scales and tick lists are all examples of evidence that can support a charge of intent to supply
T or F
True
Explanation:
Although the statutory presumption is a valuable tool, it is only one tool in a range of investigative options, and should not be relied on alone. A thorough investigation should always be conducted to obtain supporting evidence of intent.
If someone is charged with a sexual offence what information are they entitled to if charged. (select all relevant answers) A That a police investigation is underway B The 'victims' name C a full copy of the complainants written/recorded statement. D The 'complainants' age E postal address of the complainant
A, B, D
The ‘complainants’ age
The ‘victims’ name
That a police investigation is underway
Explanation:
Victims’ Rights Act 2002. Section 16 (4) Information that can be withheld
(a) residential address:
(b) postal address:
(c) email address:
(d) home telephone number:
(e) business telephone number:
(f) mobile telephone number:
(g) fax number.
Prior to a medical examination from a Sexual Assault doctor’s examination, what information will you share with the medical practitioner? (Select all appropriate options)
A
advise the age and gender of the victim as this may impact on the practitioner’s suitability
B
The relationship between the victim and the alleged offender and whether there are any inconsistencies with the victims initial complaint.
C
advise when the sexual assault is believed to have occurred
D
give a brief outline of the information known so far, including whether drugs may be involved and details of the victim’s injuries, level of intoxication or other known health concerns
E
if relevant, discuss the victim’s wishes about gender of the examining practitioner
A, C, D, E
if relevant, discuss the victim’s wishes about gender of the examining practitioner
give a brief outline of the information known so far, including whether drugs may be involved and details of the victim’s injuries, level of intoxication or other known health concerns
advise when the sexual assault is believed to have occurred
advise the age and gender of the victim as this may impact on the practitioner’s suitability
Late one night Betty, the local security guard, is investigating some suspicious behaviour at the local bottle store.
As Betty arrives she sees Bob, the local burglar, running across the car park with his arms full of alcohol he has just stolen from the store.
Betty tries to stop Bart who immediately strikes her over the head with one of the bottles causing a large bleeding gash and knocking Betty to the ground.
Bob immediately runs off taking the alcohol with him. Identify the most appropriate offence
A
Wounding with intent to GBH Section 188(1) With intent to cause GBH to any person wounds any person
B
Aggravated Robbery Section 235(b). Robs any person, immediately after, causes GBH to any person
C
Aggravated Wounding Section 191(1)(c) CA61. - With intent to facilitate flight of himself, Upon the commission of an offence, Wounds Any person
C
Aggravated Wounding Section 191(1)(c) CA61. - With intent to facilitate flight of himself, Upon the commission of an offence, Wounds Any person
Explanation:
Bob intends to facilitate the flight of himself after committing the offence of Burglary from the Bottle Store. Betty has tried to stop Bob from running away. In order to get away Bob has struck Betty over the head with a bottle (Intent to commit an act) causing her to fall to the ground and make Bob’s flight easier (intent to get a specific result).
Burglary is an offence punishable by imprisonment.
Intent can be inferred from the circumstances.
Betty has received a wound as a result of the attack by Bob demonstrated by the large bleeding gash to her head which is a breaking of the skin evidenced by the flow of blood.
Betty is a person and the victim in this matter
In R v Tihi it was held that in proving an offence against section 191, the prosecution must satisfy a ‘two-fold’ test for intent:
(1) The defendant intended to facilitate the commission of an imprisonable offence
(2) He intended to cause the specified harm, or was reckless as to that risk.
T or F
True
Explanation:
the three intents defined in subsections (1)(a) (b) and (c), Section 191 Crimes Act 1961:
(a) To commit or facilitate the commission of any imprisonable offence or
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence or
(c) To avoid the arrest or facilitate the flight of himself or of any other upon the commission or attempted commission of any imprisonable offence
At the scene of a serious crime where you have engaged the services of a scene guard Select the relevant points you should advise the scene guard in relation to their duties.
A
Secure the scene - Deny any person access to the scene, unless they are expressly authorised to enter by the O/C Investigation or are the Crime Scene Co-cordinator / O/C Scene.
B
Record details Maintain a crime scene log and for every person authorised to enter the scene, note their: Name/designation, authority to enter the scene
Purpose of visit, time of entry and exit
C
Avoid disturbance Do not personally enter, contaminate or interfere with the scene, e.g. using toilet facilities, making coffee etc.
D
If they have to leave the scene for whatever reason record the times and detail the reasoning in the scene guard log
E
Brief replacement Brief the oncoming Scene Guard on all relevant matters and hand on the crime scene log.
F
If changes to the scene are likely to occur ensure that any exhibits are seized and labelled to avoid loss or deterioration.
A, B, C, E
Brief replacement
Brief the oncoming Scene Guard on all relevant matters and hand on the crime scene log.
Avoid disturbance Do not personally enter, contaminate or interfere with the scene, e.g. using toilet facilities, making coffee etc.
Record details Maintain a crime scene log and for every person authorised to enter the scene, note their: Name/designation, authority to enter the scene Purpose of visit, time of entry and exit
Secure the scene - Deny any person access to the scene, unless they are expressly authorised to enter by the O/C Investigation or are the Crime Scene Co-cordinator / O/C Scene.
Explanation:
- Secure the scene - Deny any person access to the scene, unless they are expressly authorised to enter by the O/C Investigation or are the Crime Scene Co-ordinator / O/C Scene.
- Record details Maintain a crime scene log and for every person authorised to enter the scene, note their: Name/designation, authority to enter the scene
Purpose of visit, time of entry and exit
- Control movements Ensure everyone entering the scene is directed to the Common Approach Path to be followed and is supervised during the visit.
- Record movements Record all movement and vehicle details to, from, and near the scene, in the crime scene log.
- Brief others Promptly communicate any relevant information received to the O/C Scene or Crime Scene Co-ordinator (as appropriate)
- Avoid disturbance Do not personally enter, contaminate or interfere with the scene, e.g. using toilet facilities, making coffee etc.
- Protect scene Be vigilant for activity such as the presence of any animals which may feed on body tissue. Remain on duty until relieved by the oncoming Scene Guard
- Brief replacement Brief the oncoming Scene Guard on all relevant matters and hand on the crime scene log.
- Respect security Do not discuss events or the crime with witnesses, bystanders or members of the media.
- Demonstrate courtesy Use tact and courtesy when dealing with civilian witnesses and crowds.
- Inform others Report any actions taken to the O/C Scene or Crime Scene Co-ordinator as appropriate.
Section 191(1) specifies additional types of harm that may be caused extra to the types of harm outlined in section 188(1). Identify these additional specified forms of harm outlined in Section 191(1 A To stupefy B physically incapacitates any person C Renders unconscious any person D By any violent means renders any person incapable of resistance
A,C,D
By any violent means renders any person incapable of resistance
Renders unconscious any person
To stupefy
Explanation:
- To stupefy - To “stupefy” means to induce a state of stupor; to make stupid, groggy or insensible; to dull the senses or faculties.
R v Sturm [2007] NZCA 17515
To “stupefy” means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.
- Renders unconscious any person - To “render” means to “cause to be” or “cause to become”. So to render a person unconscious, the offender’s actions must cause the victim to lose consciousness.
- By any violent means renders any person incapable of resistance - the term “violent means” is not limited to physical violence and may include threats of violence, depending on the circumstances.
R v Crossan [1943] NZLR 454 (CA)
“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.
Where a person knowingly takes possession of dishonestly obtained property, what determines whether they are a receiver or an accessory after the fact is for AATH the property must be obtained with a specific purpose of assisting the thief to evade justice where as in receiving property is obtained with guilty knowledge but it is not necessary to prove the receivers specific intent?
T or F
True
Explanation:
AATF- the prosecution must prove that possession of the property was obtained for the specific purpose of assisting the thief to evade justice.
Receiving - Property is received with guilty knowledge or recklessness but it is not necessary to prove the receiver’s specific intent.
Bob is a scout leader and his troupe contains boys aged 12-14 years old. One day he celebrates a successful jamboree with his troupe at his place and some of the boys stay the night and go to sleep in Bob’s rumpus room
Bob has strong feelings for one of the boys, Bert (aged 14). As Bert is sleeping Bob climbs under the blankets with him and takes the sleeping Bert’s hand and manipulates it to his own penis masturbating himself with Bert’s hand for a short time. Bert stirs as if about to wake up which scares Bob out of the bed.
The next morning Bert is non the wiser about what happened the previous night. Identify the most appropriate offence
A
Indecent Assault Section 135 Crimes Act 1961. Everyone indecently assaults another person
B
Sexual Conduct with a young Person under 16 Section 134(3) Crimes Act 1961. Everyone does an Indecent Act On a young person
C
Attempted sexual connection with a young person under 16 Section 134(2). Attempts to have sexual connection with a young person
D
Sexual exploitation of person with significant impairment Section 138 Crimes Act 1961. Everyone has exploitative sexual connection with a person with significant impairment (sleeping or unconscious)
E
Sexual Conduct with Dependant Family Member Section 131(3). Everyone does and indecent Act on a dependant family member under the age of 18 years
B
Sexual Conduct with a young Person under 16 Section 134(3) Crimes Act 1961. Everyone does an Indecent Act On a young person
Explanation:
Masturbating is a sexual act and inducing a 14 year old young person to masturbate an adult male while the YP is asleep is offensive to public moral values and is therefore an indecent act.
The enhanced Victims’ Right Act 2014 broadened the interpretation of a victim to include who? (Select all appropriate answers)
A
a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned
B
A member of the wider family group if that person has a special relationship with the person who has been offended against, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned
C
a person against whom an offence is committed by another person
D
a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property;
E
a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned;
A,D,E
a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned;
a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property;
a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned
Explanation:
victim —
a) means—
(i) a person against whom an offence is committed by another person; and
(ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
for the purposes only of sections 7 and 8, includes—
1. a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
The Victim Notification System (VNS) is the process set up by agencies to notify registered victims of specified serious offences who wish to be notified about the bail, release, escape, and death of a defendant or offender. It is sometimes referred to as the victim notification register (VNR). Only victims of offences specified in section 29 of the Victim‘s Rights Act 2002 can go on the victim notification register. Section 29 Specifies that the offence must be: (Select all appropriate answers)
A
a sexual assault or other serious assault
B
one that resulted in serious injury to a person, the death of a person or in a person becoming incapable, or
C
of another kind, and that has led to the victim having ongoing fears on reasonable grounds:for their physical safety or security, or for the physical safety or security of one or more members of their immediate family.
D
One where there has been serious damage or harm to property greatly impairing their usefulness or value.
A,B,C
of another kind, and that has led to the victim having ongoing fears on reasonable grounds:
for their physical safety or security, or for the physical safety or security of one or more members of their immediate family.
one that resulted in serious injury to a person, the death of a person or in a person becoming incapable, or a sexual assault or other serious assault
Explanation:
The offence must be:
• a sexual assault or other serious assault
• one that resulted in serious injury to a person, the death of a person or in a person becoming incapable, or
• of another kind, and that has led to the victim having ongoing fears on reasonable grounds:for their physical safety or security, or for the physical safety or security of one or more members of their immediate family.
Section 134A, Crimes Act 1961 details a Defence to a charge under section 134. It is a defence to a charge under section 134 if the person charged proves that: (Select all relevant answers)
A
at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
B
before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
C
Before the time of the act concerned the young person had not disclosed their real age or actively presented themselves as an age older than 16 years
D
the young person consented and
A, B, D
the young person consented and
before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years;
and at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
Explanation:
Section 134A, Crimes Act 1961
Defence to charge under section 134
(1) It is a defence to a charge under section 134 if the person charged proves that,—
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
(b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
(c) the young person consented
Abby is a 15 year old kid from a nice family that has slightly gone off the rails in her challenging teenage years. One day she enters the local store with her friend Jarrod. Jarrod thinks they are in the store to buy some drinks and smokes. While Jarrod is looking at the drinks fridge Abby takes her dads large fishing knife out of her coat and demands “give me all your smokes or Ill stab you” to the dairy owner. The dairy owner fearing that she will be hurt if she refuses gives Abby 2 cartons of cigarettes. Abby calls out to Jarrod and runs from the store with Jarrod following behind. Identify the most appropriate offence for Abby
A
Aggravated Robbery Section 235(c), Crimes Act 1961. Being armed with any offensive weapon Robs Any person
B
Aggravated Robbery Section 235(b), Crimes Act 1961. Being together with another person Robs any person
A
Aggravated Robbery Section 235(c), Crimes Act 1961. Being armed with any offensive weapon Robs Any person
Explanation:
Jarrod is not a party to this offence as he has not had the requisite mens rea or actus reus – he was totally unaware of what has occurred. He lacks guilty knowledge. He has not done or omitted an act to assist Abby with her offending.
The term “together with” requires that two or more people are actually present and acting together in the commission of the robbery. In R v Joyce The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.”
Mere presence during the commission of robbery, without active participation, is not sufficient; the provision applies only to cases where the forces of two or more persons acting together are deployed against the victim in the actual commission of the offence. In R v Galey “Being together” in the context of section 235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”
Fortunately you are just around the corner and find Abby running away from the store with the knife in her hand. Under 214 (1) of the OT Act 89 you can only arrest her, without warrant, if you are satisfied on reasonable grounds that it is necessary to ….. (select all that apply)
A
Ensure her appearance before Court
B
Hold her accountable for her actions
C
Stop her committing further offences
D
Prevent the loss or destruction of evidence relating to the aggravated robbery
E
Prevent her interfering with Jarrod as a potential witness
F
Ensure her safety and well being
A,C,D,E
A
Ensure her appearance before Court
C
Stop her committing further offences
D
Prevent the loss or destruction of evidence relating to the aggravated robbery
E
Prevent her interfering with Jarrod as a potential witness
In a parallel universe/Sliding Doors type situation, you missed Abby as she ran away from the store holding her father’s knife. You did locate Jarrod though and he gave you credible information, and showed you text messages from her, that this is the third or fourth dairy robbery that Abby has committed and she has told him she plans to do another one the next day and might even try to stab someone. You go to Abby’s house and she’s at home with her parents innocently watching TV. Can you arrest her under section 214 of the OT Act 89?
A
Yes, in order to prevent her from committing further offences
B
No, given the current circumstances she is currently in she could be dealt with by way of summons
C
Yes, she has committed a category three offence with 14+yr imprisonment and it is in the public interest
D
Yes, to prevent loss or destruction of evidence
B
No, given the current circumstances she is currently in she could be dealt with by way of summons
Section 125 of the Search and Surveillance Act 2012 outlines Special rules about searching persons: (Identify the most appropriate answer/s)
A
Must ID self by name or unique identifier
B
Must state name of enactment under which the search is taking place
C
If not in uniform must produce evidence of his or her identity.
D
Must state the reason for search under that enactment unless impracticable
E
Must identify the section under which the search has been invoked and detail the items being searched for
A, B, C, D
Must state the reason for search under that enactment unless impracticable
If not in uniform must produce evidence of his or her identity.
Must state name of enactment under which the search is taking place
Must ID self by name or unique identifier
Explanation:
(ii) Section 125 – Special rules about searching persons:
a) Must ID self by name or unique identifier
b) Must state name of enactment under which the search is taking place, reason for search under that enactment unless impracticable
c) If not in uniform must produce evidence of his or her identity.
Section 15 Search and Surveillance 2012 – Entry without warrant to find and avoid loss of evidential material relating to certain offence. A constable may enter and search a place without a warrant if he or she has reasonable grounds
A
to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and believe that evidential material relating to the offence is in that place; and that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.
B
to believe that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and believe that evidential material relating to the offence is in that place; and that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.
C
to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and suspect that evidential material relating to the offence is in that place; and that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.
D
to believe that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and suspect that evidential material relating to the offence is in that place; and that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.
A
to SUSPECT that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and believe that evidential material relating to the offence is in that place; and that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.
Explanation:
Section 15 – Entry without warrant to find and avoid loss of evidential material relating to certain offences
A constable may enter and search a place without a warrant if he or she has reasonable grounds—
(a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and
(b) to believe—
(i) that evidential material relating to the offence is in that place; and
(ii) that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.
Michael is a boy aged 14 years. His parents are separated and he lives with his mother who has full legal custody of him. Following an argument with his mother over his gaming, Michael telephones his father and asks him to come and pick him up to come and live with him from now on. The father, still is annoyed that his wife won custody of Michael, agrees and picks him up and takes him back to his house. The police arrive the next morning and the father tells them that he intended to return Michael after a couple of days. The father has:
A
Not abducted Michael because he had no intention of depriving the mother permanently of possession of Michael.
B
Not abducted Michael because it was his idea to stay with him.
C
Abducted Michael because he intended to deprive the mother of possession of him.
C
Abducted Michael because he intended to deprive the mother of possession of him.
Under the Search and Surveillance Act 2012 what ‘knowledge’ must a member of police have as to the whereabouts of drugs before they can search premises or persons without a warrant?
A
Good cause to believe
B
Reasonable grounds to believe
C
Reasonable grounds to suspect
B
Reasonable grounds to believe
In order to charge someone with conspiracy under section 6(2A) you must prove that there was an agreement between two or more people to commit an offence punishable by imprisonment
T or F
False
Explanation:
6(2A) MODA75 - - - An agreement between two or more people to commit an offence against section 6(1) MODA75.
Which of the following is NOT a guideline in regards to the initial questioning of a child in CPP cases.
A
If the child has made a clear disclosure to an adult and that adult can give you the information DO NOT ask the child again what has happened to them
B
DO NOT continue to question the child if it becomes clear while speaking to them that an offence has occurred
C
If it is unclear what the child has said and there are no urgent safety issues DO NOT question further
D
The child must be questioned in the presence of a lawyer or guardian
D
The child must be questioned in the presence of a lawyer or guardian
Explanation:
If the child has made a clear disclosure to an adult and that adult can give you the information DO NOT ask the child again what has happened to them
If it is unclear what the child has said and there are no urgent safety issues DO NOT question further
If absolutely necessary to speak to ascertain safety ask open ended questions
DO NOT continue to question the child if it becomes clear while speaking to them that an offence has occurred
Which of the following DOES NOT relate to the term ‘Duress’ in relation to Kidnapping/Abduction cases
A
Duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion.
B
the threats, pressure or coercion were such that they destroy the reality of consent and overbear the will of the individual.
C
may acquiesce to an offender’s demands based on fear of the consequences if they refuse.
D
The objective test only should be applied in all cases - what would a reasonable person have thought in the circumstances.
D
The objective test only should be applied in all cases - what would a reasonable person have thought in the circumstances.
Explanation:
a victim may acquiesce to an offender’s demands based on fear of the consequences if they refuse.
Reference: Abduction and Kidnapping lesson note page 11
Duress may arise from the actual or implied threat of force to the victim or another person, but can also include other forms of pressure or coercion.
The critical question in relation to duress is whether the threats, pressure or coercion were such that they destroy the reality of consent and overbear the will of the individual.
Ben and Phil are two bad men, they go to the local shop and while there both go up to the counter and demand the shop keeper give them all his money or they will give him a hiding. Ben presents a knife while they are making the threats.
Fearing for his life the shop keeper hands them his total takings of $240. Ben and Phil leave the shop with the money. What is the most appropriate charge in this case
A Aggravated Robbery Section 235(b), Crimes Act 1961 Being together with any other person Robs Any person
B Assault With Intent to Rob Section 236(1)(b), Crimes Act 1961 (.5) With intent To rob any person Being armed with an offensive weapon Assaults that person
C Aggravated Robbery Section 235(c), Crimes Act 1961 Being armed with any offensive weapon Robs Any person
A Aggravated Robbery Section 235(b), Crimes Act 1961 Being together with any other person Robs Any person
Explanation:
Ben and Phil are physically present and together as they enter the shop, go to the counter, and demand money together. The common intent is shown by them being physically together when the offence is taking place.
Ben and Phil’s threat to give the shopkeeper a hiding are the threats of violence used to extort the property as the shopkeeper fears for his life and gives them all the money (property obtained) he has. In leaving the shop with the money they demonstrate their intention to deprive the shopkeeper permanently of it. The theft is complete when they have possession of the money and go to leave.
The shopkeeper is a person.
Sara is 18 years of age, and is a bully at the local high school. She pushes a younger pupil against the wall and threatens to ‘smash her pretty face’ if she does not hand over her money. The girl tells Sara that she has no money, but will bring the money the following day and give it to her at lunch. Sara lets her go. The next day at lunch, the girl gives her lunch money, $12.00, to Sara. What should Sara be charged with?
A
Theft, Section 219 Crimes Act 1961.
B
Demands with Intent to Steal, 239 Crimes Act 1961.
C
Robbery, Section 234(1) Crimes Act 1961.
C
Robbery, Section 234(1) Crimes Act 1961.
Explanation:
Nexis between threat/violence and the taking - as long as it is still operating in the mind of the victim.
Destiny buys a diamond ring with a stolen Credit Card. Later that day, she sells it to Stacy, a second-hand dealer, who, the same day, sells it to Mary. Two days later a complaint is made to the Police because the credit card was stolen. Following enquiries, Destiny is located and prosecuted. No reparation is ordered.
Who will end up with the recovered diamond ring?
A
Mary, because she purchased the diamond ring in good faith before any complaint was made by the original owner.
B
Stacy, the second-hand dealer who sold it because no reparation was ordered.
C
Destiny, because title was never passed to Stacy, the property reverts to the original owner.
A
Mary, because she purchased the diamond ring in good faith before any complaint was made by the original owner.
Section 45 of the Search and Surveillance Act 2012 allows us to conduct trespass surveillance under certain circumstances. What circumstances must exist to make trespass surveillance lawful? (select all appropriate answers)
A
To obtain evidential material in relation to an offence punishable by a term of imprisonment of 7 years or more
B
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983
C
An offence punishable by 14 years or more imprisonment
A, B
A
To obtain evidential material in relation to an offence punishable by a term of imprisonment of 7 years or more
B
Against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983
During the course of a medical examination of a 16 year old female patient, a doctor penetrates the patients vagina with his fingers for his own sexual excitement. He explains to the patient that what he is doing is a form of treatment. She accepts what she is told and is quite happy for him to continue. Is the doctor liable for sexual violation?
A
YES, because consent was given under a fraudulent representation as to the nature and quality of the act.
B
NO, it is no offence as she is 16 years old and consented.
C
YES, because she is 16 years of age and can’t consent.
D
No, because she is 16 years of age and consented he should be charged with Sexual conduct with a young Person
A
YES, because consent was given under a fraudulent representation as to the nature and quality of the act.
The term rendering a person incapable of resistance by ‘violent means‘ is best defined as:
A
The use of threats of violence against the person to render them incapable of resistance.
B
The use of physical violence against the person to render them incapable of resistance.
C
The threat of violence or the use of physical violence used to render the person incapable of resistance
C
The threat of violence or the use of physical violence used to render the person incapable of resistance
R v Tihi it was held that in proving an offence against section 191, Crimes Act 1961, the prosecution must satisfy the following “two fold test” in respect to intent:
A
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and was reckless if serious harm ensued in facilitating flight of self or others.
B
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and was reckless in facilitating flight of self or others.
C
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and he intended to cause the specified harm, or was reckless as to that risk.
C
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and he intended to cause the specified harm, or was reckless as to that risk.
Supplying a controlled drug encompasses a number of activities.
Which statement best describes the term ‘supplying a drug’?
A
Distributing, giving or administering.
B
Distributing, administering or selling.
C
Distributing, giving or selling.
C
Distributing, giving or selling.
The ASAI policy and procedures set out the key process points in adult sexual assault investigations. It applies to all cases where the victim of the alleged offending (male or female) is of a specific age or older at the time a complaint is made.
Identify which of the following statements is correct in relation to the ASAI policy.
Select one:
A
All cases where the perpetrator of the alleged offending is 18 years of age or older at the time the incident occurred.
B
All cases where the victim of the alleged offending is 17 years of age or older at the time of making the complaint.
C
All cases where the victim of the alleged offending is 18 years of age or older at the time of making the complaint
D
All of the above
C
All cases where the victim of the alleged offending is 18 years of age or older at the time of making the complaint
What is the primary objective of a Medical Forensic Examination
A
To further ascertain what has occurred.
B
To ensure the wellbeing and safety of the victim.
C
To gather forensic evidence to either corroborate or negate the allegations of the victim.
D
All of the above
B
To ensure the wellbeing and safety of the victim.
The primary meaning of the word “use” in relation to a firearm means to fire it, but the words “in any manner whatsoever” widen the definition to include a range of acts that stop short of actually shooting at an officer.
Identify what circumstance best fit the meaning of “in any manner whatsoever” with regards to section 198A Crimes Act 1961.
A
Using a firearm in the vicinity of an officer
B
Telling an officer they intend to shoot at them while armed with a steel pole
C
Handling or manipulating the firearm in a manner that conveys an implied threat
C
Handling or manipulating the firearm in a manner that conveys an implied threat
For a person to be convicted of setting fire to his or her own property under 267(1)(c) Crimes Act 1961, they must
A
it is not an offence to set fire to your own property
B
intend to cause Grievous Bodily Harm to any person
C
intend to obtain any benefit
C
intend to obtain any benefit
When it is necessary to establish the age of a child victim to prove the ingredients of the offence, what evidence should be presented in court?
A
The production of the birth certificate in addition to evidence of a person who can identify the child.
B
The production of the birth certificate in addition to evidence from any medical person who was present during the birth
C
The production of the birth certificate by the child giving the evidence.
A
The production of the birth certificate in addition to evidence of a person who can identify the child.
After an argument over payment of a debt, Jacob stabbed Ross in the chest, causing his immediate death. Jacob then went to his brother Anton’s house and told him what had happened. Anton agreed to dispose of the knife and Jacob’s bloody clothing. Anton later told his girlfriend Kate what had happened and arranged for her to dump the items, which she did. Jacob is later charged with murder with Anton charged as an accessory after the fact. What offence, if any, has Kate committed?
A
Kate is an accessory after the fact to murder because she assisted Jacob by suppressing evidence against him
B
No offence is committed by Kate as she did not directly assist Jacob and an accessory has already been charged.
C
Kate is a party to the murder as she willingly disposed of evidence against Jacob knowing what he had done.
A
Kate is an accessory after the fact to murder because she assisted Jacob by suppressing evidence against him
R v Tihi it was held that in proving an offence against section 191, Crimes Act 1961, the prosecution must satisfy the following “two fold test” in respect to intent:
A
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and he intended to cause the specified harm, or was reckless as to that risk.
B
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and was reckless if serious harm ensued in facilitating flight of self or others
C
The defendant, in the commission of an imprisonable offence or facilitating flight of self or other, caused grievous bodily harm to any person and was reckless as to whether actual bodily occurred.
A
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and he intended to cause the specified harm, or was reckless as to that risk.
Phil and Craig are diligent young Constables. During the course of their duties they drive to a well- known drug dealers address. They decide to sneak onto the drug dealer’s property and peer into the windows looking for evidence of drug dealing. Are their actions lawful?
A
No. They are trespassing as they have no authorised entry onto to private land and could potentially be observing private activity in a private premise
B
Yes. They have implied license to enter onto any property during the course of their duties
C
No. There is no evidence of a drug dealing offence taking place
A
No. They are trespassing as they have no authorised entry onto to private land and could potentially be observing private activity in a private premise
A suspect who has visited a commercial premises during opening hours to check out the alarm systems and entry points with the intention of returning that night to commit a burglary has:
A
committed an attempt because his intention is to commit a burglary and he has carried out an act to further that offence
B
committed an attempt to commit burglary as his actions by visiting the address go beyond mere preparation and constitute an attempt
C
not committed an attempt because his actions amount to mere preparation.
C
not committed an attempt because his actions amount to mere preparation.
Section 240(2), Crimes Act 1961 outlines the definition of ‘Deception’. This is a false representation with the intent to deceive and:
A
Suspects that it is false in a material particular or is reckless as to whether it is false in a material particular
B
Knows that it is false in a material particular or is reckless as to whether it is false in a material particular
C
Believes that it is false in a material particular or is reckless as to whether it is false in a material particular
B
Knows that it is false in a material particular or is reckless as to whether it is false in a material particular
John finds a wallet in the local park and removes a number of documents, including a card in the owner’s name, for membership of a local club ‘members only’ swimming pool. As it is a hot day John decides to use the card to gain access to the pool. Which answer best describes what John has obtained as a result of his use of the card? A a pecuniary advantage B a privilege or benefit C a valuable consideration
B
a privilege or benefit
On Friday night Tom goes out on the town. Having spent all his money Tom steals an old run-down car and drives himself home. The next morning he parks it on the side of the road and puts a ‘for sale’ sign on it. Jake walks past Tom’s house on his way to work and decides to look at the car. After a quick inspection he pays Tom $800 cash for the car, and drives the rest of the way to his workplace. Which of the following statements is correct in relation to Jake’s liability?
A
Jake is guilty of receiving the car, as paying $800 cash shows he knew that the car was stolen.
B
Jake is guilty of receiving the car as it is property stolen by Tom.
C
Jake is not guilty of anything and has obtained possession of but not title to the car.
C
Jake is not guilty of anything and has obtained possession of but not title to the car.
What is meant by the standard of proof ‘beyond reasonable doubt’?
A
The prosecution is required to prove that no other logical explanation can be derived from the facts except that the defendant committed the offence.
B
The prosecution must prove that it is very likely or probable that the defendant committed the offence.
C
The prosecution must show the accused’s intention can be reasonably inferred from the specific objective circumstances?
A
The prosecution is required to prove that no other logical explanation can be derived from the facts except that the defendant committed the offence.
Jason is the owner of a 4-hectare rural lifestyle property which has a small shed in a back paddock. Police receive a tip-off that a stolen motorcycle is being stored in the shed. After a search warrant is executed the motor cycle is found. Jason is interviewed, asks for his lawyer and refuses to say anything. What must Police prove to establish that Jason had control over the stolen motor cycle? Select one:
A
A That Jason knew the stolen motorcycle was in the shed and he was storing it there for a period of time.
B
That Jason became aware the motorcycle was being stored in the shed after it had been delivered.
C
That Jason arranged for the motorcycle to be delivered there or he intentionally exercised control over it.
C
That Jason arranged for the motorcycle to be delivered there or he intentionally exercised control over it.
In relation to being a party to an offence, Section 66, Crimes Act 1961, Offenders can also be charged as parties to any other offence (offence B) that any one of them commits in order to assist in the commission of the offence originally agreed to (offence A). R v Betts and Ridley provided an exception to this rule. What was held in this case?
A
A person is guilty as a party if he is present at the scene of a crime and does nothing to prevent the actions of the other in any subsequent offences.
B
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.
C
To be in a room and witness a rape is not sufficient to render a person liable.
B
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.
Aggravated robbery in essence is a robbery with aggravating features. An aggravating feature found in section 235(b)of the Crimes Act 1961, is “being together with” another person. Which statement correctly describes “being together with”?
A
In committing the robbery the defendant was part of the joint enterprise by two or more people who acted together in committing the robbery.
B
In committing the robbery the defendant was part of the joint enterprise by two or more people who were physically present at the robbery.
C
In committing the robbery the defendant was part of the joint enterprise by two or more people who took part in the robbery.
B
In committing the robbery the defendant was part of the joint enterprise by two or more people who were physically present at the robbery.
Janice is 17 years of age, and is a bully at the local high school. She pushes a younger pupil against the wall and threatens to ‘break her face’ if she does not hand over her lunch money. The girl tells Janice that she has no money, but will bring the money the following day and give it to her at lunch. Janice lets her go. The next day at lunch, the girl gives her lunch money, $10.00, to Janice. What should Janice be charged with?
A
Theft, Section 219 Crimes Act 1961.
B
Demands with Intent to Steal, 239 Crimes Act 1961.
C
Robbery, Section 234(1) Crimes Act 1961.
C
Robbery, Section 234(1) Crimes Act 1961.
The Search and Surveillance Act 2012 contains the definition of ‘Surveillance device’. Which of the following items would not be deemed to be a ‘Surveillance Device” under this definition? A A telescopic lens on a rifle B Reading glasses C A camera
B
Reading glasses
Circumstantial evidence’ can be used to infer an offender’s intent in relation to serious assaults. This evidence can be divided into three broad areas, two of which are: the act itself and the surrounding circumstances. What is the third area?
A
The injury received by the victim.
B
The offender’s actions and words before, during and after the event.
C
The statement of the victim
B
The offender’s actions and words before, during and after the event.
In a fit of rage John picks up a large carving knife and lunges forward, aiming the knife at Liam's head. He intends to stab Liam in the head but misses. The butt of the knife hits Liam in the face causing a black eye. What is the most appropriate charge for John A Wounding with Intent - Section 188 (1) B Injuring with Intent - Section 189 (1) C Injuring with Intent - Section 189 (2)
B
Injuring with Intent - Section 189 (1)
When making an appreciation to formulate a scene examination plan/ strategy list six (6) common factors you should consider?
GSMEAC Ground Situation Mission Execution Admin/logistics Command
When dealing with a case of an attempt, Section 72(1), Crimes Act 1961 the judge and jury have specific roles. Outline the functions of the Judge and Jury in these cases.
Judge decides if it has gone past preparation.
Jury finds guilt beyond a reasonable doubt
Discuss how a Credit Card fits the definition of a ‘document’ as outlined in Section 217 of the Crimes Act 1961 and include any relevant case law that assist in this definition.
R v Misic
A thing which provides evidence or information or serves as a record
Tara decides to go shopping at Glasson’s for some new clothes. She chooses a number of items and takes them to the check-out. She tries to pay for the items using a stolen eftpos card, which she had taken from a woman’s handbag earlier that day, however it is declined as there isn’t enough money in the account. ‘Uses’ or ‘attempts to use’ are elements of the offence of Using a document under 228(1)(b). Discuss how you would choose between “using” a document and “attempting” to use a document in this case, citing any relevant case law.
Hayes v R - Unsuccessful use of a document is as much use as a sucessful one.
When recklessness is an element in an offence what must be proved under the subjective/objective test. Support your answer with relevant case law:
The defendant consciously and deliberately ran a risk (subjective)
The risk was unreasonable to take in the circumstances as they were known to the defendant (Objective - based on whether a reasonable person would have taken the risk)
Cameron v R - The defendant recognised that, his or her actions would bring about the proscribed result and or, that the risk was unreasonable
R v Tipple - a deliberate decision to run the risk
Angie and Tony are walking down the street when Angie suddenly darts into a local bottle store, leaving Tony out on the street. Inside Angie draws a knife and demands alcohol and cigarettes from the frightened shopkeeper who hands over the items. Tony is completely unaware of what Angie is doing in the store but as Angie comes out of the store he runs away with her to the local park. Discuss Tony’s liability as a party to the offending by Angie? Give your reason/s for your answer.
Not liable for the offence of Agg Rob. Does not have guilty knowledge. Could be liable for other offences
In R v Cox it was found that both a physical and mental element must be proved to satisfy possession. Outline what is meant by the terms ‘Physical’ and ‘Mental’ in relation to possession as held in R v COX
Physical - Actual or potential custody or control
Mental - Knowledge and Intention
While on night shift crime car you and your partner attend at a crime scene where you consider a serious offence has been committed. You update your Detective Sergeant by telephone and are advised that she will arrange for a search warrant to be issued for the address. She advises you to take action at the address under section 117 of the Search and Surveillance Act 2012. State the actions that this section authorises you to do?
Freeze Control Preserve
CADD
RAIN
6 Hour Limit
Two gang members enter the local TAB and threaten the teller. She is so scared that she hands money over to them. They leave the premises and are seen by a passer-by entering a house on an adjacent street. As you walk up to the front door of the premises you see someone inside placing items of clothing into a fireplace in the lounge. Section 15 of the Search and Surveillance Act 2012 gives you powers to enter premises under certain circumstances. Would you be able to invoke Section 15 for the above scenario? Explain your answer
Yes
A constable may enter and search a place without a warrant if he or she has reasonable
grounds—
(a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has
been committed, or is being committed, or is about to be committed; and
(b) to believe—
(i) that evidential material relating to the offence is in that place; and
(ii) that, if entry is delayed in order to obtain a search warrant, the evidential material
will be destroyed, concealed, altered, or damaged.
Section 45 of the Search and Surveillance Act 2012 allows us to conduct trespass surveillance under certain circumstances. What circumstances must exist to make trespass surveillance lawful?
a) that is punishable by a term of imprisonment of 7 years or more; or
b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.
A decision that applying for a search warrant is not practicable must be based on reasonable grounds to believe (RGTB) that it is not practicable.
a. What are two questions to consider when making this decision?
b. If it is not practicable in the circumstances to apply for a search warrant, what are two other options available to you?
to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed; and
to believe that the search will find the evidential material in respect of the offence in or on the place, vehicle, or other thing specified in the application.
Warrantless search, consent search
Under section 188 of the Crimes Act 1961, subsections (1) and (2) both relate to actions that result in wounding, maiming, disfiguring or grievous bodily harm to the victim. As the outcome is the same; the distinction between the two subsections is the offender’s intent. Explain the difference between subsections (1) & (2) in relation to intent?
With intent to cause GBH
With intent to injure or Reckless disregard for others
R v Taisalika is a key case law in cases of serious assaults but is just one option you can use in relation to proving the intent of the defendant. Give at least four further examples of corroborative evidence you could gather in cases of serious assaults that would assist in proving the offenders intent.
Number Blows Area of the body targeted, Weapon used, Weapon of opportunity Senselessness of the victim Premeditation
Christie is a 17 year old girl who loves to have a drink and party. One day after her rugby team pre season camp, she meets up with the team and coach Bull Stu. He plys them with alcohol and they have great night.
While Christie is asleep at Stu creeps next to her and starts touching her breasts over her clothing. He then lifts her top up and starts touching her breasts and then penetrates her vagina with his finger. She stirs and moans, and Stu panics stops himself from going any further and runs to the showers and has a pull. What is the appropriate Criminal liability for Stu’s offending?
S128(1)(b) CA1961
Sexual Violation by Unlawful Sexual Connection
A person
Has unlawful sexual connection
With another person
R v Koroheke R v Cox R v Gutuama R v Intent Subjective, subjective, Objective Complainants evidence, medical examination, defendants admission
Definition
Consent, Penetration (proof), Sexual Connection, Defence
GN JN/CE
John the local security guard is investigating some suspicious behaviour at the local Golf club. As John arrives he sees Bart the local burglar running across the car park with his arms full of alcohol he has just stolen from the Club House. John tries to stop Bart who immediately strikes John over the head with one of the bottles causing a large bleeding gash and causes John fall to the ground. Bart immediately runs off taking the alcohol with him. Identify the Act and most appropriate section (offence) for this scenario. List the elements of the offence to
be proven and briefly discuss how they relate to the scenario.
S191(1)(c)CA1961
Aggravated Wounding
Facillitate Flight of himself in commission of an imprisonable offence
Wounds
Any Person
R v Wati - proof of commission R v Tihi - 2 fold, commission and harm R v Sturm - stupefy R v Taisalika - intent violence R v Waters - Wounds
Intent, Wounds, Burglary
GN JN/CE
Michelle and Harry are local street lags. They are both meth addicts and are needing their ‘next hit’ as they can feel themselves sobering up.
They decide to go to their local BP service station and steal some cigarettes because they know that they will be able to sell them quickly and for a good price ‘on the street’, then they will be able to buy themselves some more meth.
Rob is working night shift in the BP service station and is serving a customer. Once the customer leaves the shop Michelle and Harry walk in and go directly up to where Rob is standing behind the counter. Harry gets right up into Robs face in an intimidating manner and shouts “You bloody well do what we say or you’ll pay. Gimme ya ciggies”! Michelle yells “Gimme all your f%cking cigarettes otherwise we are going to give you a hiding”. Rob is so frightened he starts handing them both packets of cigarettes.
Once their arms are full of boxes of cigarettes Michelle and Harry sprint from the shop and spend the rest of the night selling cigarettes.
Identify the Act and most appropriate section (offence) for this scenario. List the elements of the offence to be proven and briefly discuss how they relate to the scenario.
Agg Rob 235(b) CA1961
Being together with
Robs
Any Person
R v Joyce R v Galey R v Collister R v Lapier R v Skivington
Robs - Robbery Explanation
Intent, Consent, Claim of Right, Property, dishonestly, takes, Deprive owner permanently
GN JN/CE
Shane (27) has taken up a coaching position with a local Club. The Wanderers are a junior team of 13 -14 year old boys. Shane bonds with his charges and over the course of the season develops feelings for one boy, George.
To celebrate a good win, Shane hosts a BBQ for the team at his house. Some of the boys stay the night and go to sleep in Shane’s rumpus room. Shane continues drinking.
In the middle of the night Shane goes into the rumpus room and slips under the blanket covering George who is sleeping soundly. George is disturbed but then sleeps on. Shane undoes his own jeans and takes out his penis. He places George’s hand on his penis and masturbates for a short time. When George stirs again Shane stops his actions and quickly leaves the room.
Next morning when George wakes up, he appears none the wiser about the night’s events. However, by now Shane is fearful and ashamed. The following week, he realises he has a problem that is getting more out of control and decides to tell Police what happened at his house.
Identify the Act and most appropriate section (offence) for this scenario. List the elements of the offence to be proven and briefly discuss how they relate to the scenario.
S134(3) CA1961
Sexual Conduct with a YP
Any Person
Does an indecent act
On a YP
GN JN/CE
Indecency, Consent, Intent, Sexual Connection, Genitalia
R v Court R v Dunn R v Gutuama R v Cox R v Collister R v Koroheke
Defence 134A
YP
R v Forrest & Forrest
Adam and Barry are at the local hotel having a beer in the busy sports lounge. Adam gets into an argument over the pool table with another patron, Chris. Adam thinks he has the table booked for the next game but Chris is adamant it is his turn. They get into a heated argument. As Chris turns to walk away Adam picks up a pool cue and strikes out at Chris but hits one of the bar staff who was walking passed the pair.
This makes Adam furious and he smashes Chris across the head several times causing Chris to fall to the ground. Adam continues his attack striking Chris about the head and body until Barry pulls him away. The attack leaves Chris with bruising and a large gash to the top of his head that requires 15 stitches. The bar attendant who was hit was uninjured.
Identify the Act and most appropriate section (offence) for this scenario. List the elements of the offence to be proven and briefly discuss how they relate to the scenario.
Wounding with Intent 188 (1) CA1961 With intent to cause GBH to any Person Wounds Any person
Stephen is a sexual predator who prefers little boys. He observes Jason, a 7 year old boy, walking home from school. His sexual urges get the better of him so he approaches Jason and tells him that there are some ‘really big eels under the bridge just down the road’ and asks if he wants to go and look at them. Jason agrees so they walk together the 30 meters down the road and go under the bridge. Once there Stephen asks Jason if he can ‘suck his willy’. Jason gets upset and starts to cry. Stephen comes to his senses and runs off. What is the most appropriate offence to charge Stephen with?
A
Abduction, Section 208(b), CA’ 61
B
Sexual Conduct with a Child Under 12, Section 132(1), CA’61
C
Abduction of a young person under 16, Section 210(1), CA’61
A
Abduction, Section 208(b), CA’ 61
Circumstantial evidence’ can be used to infer an offender’s intent in relation to serious assaults. This evidence can be divided into three broad areas, two of which are: the act itself and the surrounding circumstances. What is the third area?
A
The injury received by the victim.
B
The offender’s actions and words before, during and after the event.
C
The statement of the victim
B
The offender’s actions and words before, during and after the event.
The influence of alcohol or drugs may impact on a person’s ability to give valid consent, although it could be said that consent is not invalid simply because a person is intoxicated. Which of the following statements in relation to consent is correct?
A
Consent given by a person under the influence of alcohol or drugs may be valid if they were capable of understanding the situation and giving rational consent.
B
Consent given by a person under the influence of alcohol or drugs will always be invalid as consent is required to be given by a rational and sober person.
C
Consent given by a person under the influence of alcohol or drugs may be valid if the sexual activity was consented to prior to that activity and the consumption of the alcohol or drugs
A
Consent given by a person under the influence of alcohol or drugs may be valid if they were capable of understanding the situation and giving rational consent.
You are assigned the role of O/C Exhibits in a homicide investigation. A number of exhibits have been seized from the scene and are being handed to you by the officer who located the items. Before accepting any exhibit into your custody as O/C Exhibits identify at least two things you must ensure the person who seized the exhibit has done?
Location and Time Seized
To be guilty of the commission of a crime a person must have done a physical act which comprises the offence, (actus reus), and have the mental element required for criminal liability (mens rea). Additionally, he or she must have no defence. Defences are of two kinds:
• Statutory defences (ie specifically provided for in the Crimes Act 1961); and
• Common law defences (part of the traditional uncodified common law which are preserved by section 20(1) of the Crimes Act 1961 unless altered by, or inconsistent with, that Act).
Provide 2 examples of Statutory defences and 2 examples of Common Law Defences .
S134A, S128A, S48, S23(Insanity),
Impossibility, necessity, Consent, automatism
When recklessness is an element in an offence what must be proved under the subjective/objective test. Support your answer with relevant case law:
That the defendant consciously and deliberately ran a risk
That the risk was unreasonable to take in the circumstances
Cameron v R
R v Tipple
Section 128(1)(b) Crimes Act 1961 captures all forms of non-consensual connection, other than those that amount to rape. Name the different types of connection, providing examples for each.
a) connection effected by the introduction into the genitalia or anus of one
person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of
another person’s genitalia or anus; or
In cases of sexual assault, outline at least four points of information you should advise the medical practitioner prior to the medical examination of the complainant/victim.
age, name, Sex, incident, female doctor request
In all cases of sexual violation the prosecution must prove certain things beyond reasonable doubt. Explain these four points.
There was an intentional act by the offender involving sexual connection with the complainant
and the complainant did not consent to the sexual act and
the offender did not believe the complainant was consenting or
if he did believe she was consenting the grounds for such belief were not reasonable
Explain the differences between the offences of Rape, Section 128(1)(a), CA’61 and Unlawful Sexual Connection, Section 128(1)(b), CA’61
Rape - Penetration of person B’s genitalia by person A’s penis
Sexual Connection - All forms of non consensual sexual connection
The Victim Notification System (VNS) is the process set up by agencies to notify registered victims of specified serious offences who wish to be notified about the bail, release, escape, and death of a defendant or offender. It is sometimes referred to as the victim notification register (VNR). Only victims of offences specified in section 29 of the Victim‘s Rights Act 2002 can go on the victim notification register. Outline the definition of a specified offence as detailed in the Victim‘s Rights Act 2002:
a sexual assault or other serious assault
• one that resulted in serious injury to a person, the death of a person or a person
being incapable, or
• one of another kind, and that has led to the victim having ongoing fears on
reasonable grounds:
• for their physical safety or security, or
for the physical safety or security of one or more members of their immediate family.
CB has an awesome yacht that he keeps sneaking off work early and going for a sail and a fish in. Kiwi is jealous as Cb seems to be catching all the best fish..ever! This makes Kiwi angry and late one night he gets a can of petrol from his garden shed and drives to CB’s place. The boat is parked at the front of the house on a trailer. Kiwi douses the boat in petrol, sets it alight and leaves in his car.
Act, section, Ingredients and RTS.
Explanation:
Crimes act 1961
s267(1)(b)
intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship, or aircraft, in which that person has no interest.
RTS:
Intentionally: In a criminal law context there are two specific types of intention in an offence. First there must be an intention to commit the act and secondly an intention to get a specific result. Kiwi showed his intent getting the petrol and setting the boat light (first intent) and letting ti burn (second intent).
Claim of Right: In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed Section 2, Crimes Act 1961. Kiwi has no claim of right with the boat, he has no right or interest.
Damages by Fire: Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value. R v Archer…kiwi damaged the boat by setting fire to it
Fire: Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Any property: Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest. Section 2, Crimes Act 1961. CB’s boat is property as per s2CA61.
Ship: Ship means every description of vessel used in navigation Section 2 Crimes Act 1961 or put another way…..CB’s boat is a ship as per s2 CA61.
Person & no interest: Person Gender neutral. Proven by judicial notice or circumstantial evidence.
Legislation provides a wide definition of term “person” that incorporates not only real people, but also companies and other organisations.
Interest: No interest in or claim to
What is your understanding of the terms intentionally or recklessly, citing case law when appropriate
Intentionally: intention to commit the act and intention to get a specific result.
Recklessly: conscious and deliberate taking of an unjustified risk.
R v Collister Intentionally
Cameron v R, R v Tipple Recklessly
What is the leading case law in regard to indecencies?
The definition of “indecent assault” … is an assault accompanied with circumstances of indecency…
R v Leeson
Leah bangs on about some bloody movie with Dread Pirate Roberts. Conan has enough, grabs her DVD of the movie without Leah seeing it and takes it to the Sushi place at Unitec. He goes to the stove and sets it alight. Everyone from the campus gathers around in celebration and awe. Act, section, elements and RTS
CA1961 Section 267(2)(b)
intentionally
damages by fire
any property
with intent to cause loss to any other person.
Demonstrate your knowledge of the difference between ‘Takes away or detains’
Detain = hold against will
Takes away = taking away from somewhere they want to be
R v Crossan
You can charge with both taking away or detaining, if the victim has initially been taken away then subsequently detained.
T or F
True?
R v Crossan - Taking away and detaining are separate and distinct offenses
Lisa and George are in a volatile relationship. One night after a loud and violent domestic, Lisa tells George that she does not want to see him anymore. George becomes enraged, drags Lisa to the bedroom by her hair and locks her in the room, saying if he cant have her, no body can. Cite act, section and elements.
CA1961
S209(b)
unlawfully detains a person without her consent — (b) with intent to cause him or her to be imprisoned
Unlawfully = without lawful justification or excuse. George had no lawful right to take away Lisa
Takes away/ detain= either could be argued here. She has been physically removed from where she wants to be.
Person= Lisa is a person proved by judicial notice or circumstantially
W/o Consent = a persons conscious and voluntary agreement to something proposed by another. Lisa did not consent to being kidnapped, this was done without her consent and against her will. I must be full, voluntary, free and informed
Intent = Two specific intents, one to achieve a result- another to effect a purpose. George wanted to imprison Lisa as she had broken up with him, that was the result and he wanted to stay together with her and that was his purpose.
Confined/ Imprisoned = Kept in a place from which she was not free to leave. Lisa was not free to leave, as demonstrated by the locked door and words about nobody else having her.
Discuss your understanding of the word ‘Duress’ in relation to kidnapping
A victim may acquiesce to a victims demands based on fear of the consequences if they refuse.It can include actual/ implied threat of force, but can include other forms of pressure or coercion The questions is whether it would destroy consent and overbear the will of the individual.
Unknown to George, Lisa has her cellphone and calls Police. Police attend, but by the time they arrive, George has left the address and Lisa tells them all its been a huge mistake. You get the registration of his car from comms and put out a 10-1. As you are returning to base with Lisa, you see the vehicle and decide to stop it. What are your powers to stop it?
S & S Act 2012
s.9
A Constable may stop a vehicle without warrant to arrest a person if the constable has reasonable grounds -
(a) to suspect a person -
(ii) has committed an offence punishable by imprisonment; and
(b) believe that the person is in or on the vehicle.
Must identify yourself and if not in uniform show ID, tell the driver / occupants Act and reason for vehicle being stopped.
George stops the car and flees on foot, you give chase but lose him. You return to the vehicle to search it. What are your powers?
S & S Act 2012
s.10
(1) A constable exercising the stopping power under s.9 may:
(c) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under s.9, if the person referred to in s.9 -
(i) has been arrested; or
(ii) is seen fleeing from the vehicle before he or she can be arrested
(2) Before conducting search under (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in s.9.
(Note: for full outline of section read S & S Act - answer relates to scenario question only)
A member of the public calls Police and tells them that they can see some activity next door, although the place has been vacant for months. As it is only 30 metres from where you last saw George, you believe it may be him. You decide to investigate, what are your powers of entry and search?
S & S Act 2012
s.8
(1) In the circumstances set out in subsection (2), a constable may -
(a) enter a place or vehicle without warrant; and
(b) search for and arrest a person that the constable suspects has committed the offence
(2) The circumstances are that the constable has reasonable grounds -
(a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
(b) to believe that the person is there; and
(c) to believe that, if entry is not effected immediately, either or both of the following may occur:
(i) the person will leave there to avoid arrest:
(ii) evidential material relating to the offence for which the person is to be arrested will be CADD
