Test Questions 2

Question 1

Victim Impact Statements CANNOT be disclosed to offender under the Privacy Act 1983, (without the consent of the Victim)
When the Victim gives their consent the Victim impact statement?
1) A. Can be given to the defence prior to the sentence hearing
2) Is not to be retained by the
3) Can only be distributed by Prosecutors

Answer 1

1) True and they must return it to Court staff.
2) True unless the Victim gives consent.
3) True in relation to Police staff.

Question 2

Everyone has the right not to be arbitrary arrested or detained

Answer 2

True

Question 3

Police have no power to detain a suspect for questioning without arrest or lawful detention?

Answer 3

True

Question 4

When an offender has been arrested, a Victim identified and the matter is proceeding to court, it is the responsibility of the O/C case to ensure a Police Record of Victim Contact (POL1060) and a Court services victims referral (CSV1) form is completed.

Answer 4

True

Question 5

You must fairly inform a youth suspect that they have the right to have a lawyer and a nominated person with them while they answer any questions or make a statement?

Answer 5

True

Question 6

Steve hurt in rugby game. The opposing player cannot be charged with assault as Steve had given implied consent to undergo the reasonable risks associated with the game of rugby?

Answer 6

True

Question 7

When planning an interview with a special consideration witness (vulnerable) witness the investigator should?

Answer 7

Consult a supervisor to make decisions about the interview.

Question 8

Tom intentionally drives his vehicle at a slow speed at his neighbour after an argument. He subsequently clips the neighbours leg and causes minor bruising. Tom’s vehicle could be classified as a “weapon” under section 202C Crimes Act 1961?

Answer 8

True

Question 9

“The truth may be elusive, so you may need to be persistent.” In this statement “persistent” refers to interviewer behaviour and means:

Answer 9

Asking questions in a manner that will stand up to the scrutiny of the Court.

Question 10

A person can be charged with aggravated assault if that person punches a Police officer attempting to execute a warrant to arrest in relation to failing to appear in the District Court.

Answer 10

True

Question 11

Shelley and Steve decide to steal some cigarettes from their local dairy. Steve goes into the dairy and threatens the owner with a knife forcing him to hand over cash and boxes of cigarettes. Shelley stays in the car as the getaway driver and is unaware that Steve has the knife. Both Shelley and Steve are liable as principals for Aggravated Robbery as they were together at the dairy?

Answer 11

False

Question 12

Steve and John are play fighting when Steve tells John to punch him hard in the stomach to prove how hard his abs are. John punches Steve twice in the stomach with a closed fist causing minor bruising. John should be charged with common assault?

Answer 12

False

Question 13

Correctly informing a suspect of the caution at the beginning of an interview ensures that the interview record will be admissible?

Answer 13

False – Is only one of that many requirements.

Question 14

The offence “demanding with menances” section 239(2) Crimes Act 1961 is complete as soon as a person forms the intention to steal property from a person?

Answer 14

False

Question 15

Evidential material, in relation to a particular offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence. A tangible item that could be evidential material is:

Answer 15

A locked IPhone

Question 16

John is desperate for some cigarettes. He goes into a dairy, puts his finger in his pocket and points it at the dairy owner pretending that he has a firearm. The dairy owner gives John two boxes of cigarettes and John flees from the scene. John’s actions would be sufficient to charge him with Aggravated Robbery as he has pretended to be armed with a firearm and has stolen cigarettes?

Answer 16

False

Question 17

Under s103 of the Evidence Act 2006 when deciding on whether to accept an application to give the evidence of a witness in an alternative way, the Judge must have regard to whether the alternative way will:

Answer 17

Mean the best evidence is given in a criminal proceeding.

Question 18

John, the respondent of a protection order, rings his estranged wife to tell her that his mother was injured in a car accident and is critically ill. He says he wants his 12-year-old daughter to see her grandmother before she dies. John has breached the standard non-contact conditions of the protection order. He should be arrested and charged with breach of protection order?

Answer 18

False

Question 19

Establishing a “common approach path” into the scene of a serious crime for all visitors to the scene is the responsibility of the initial action party?

Answer 19

True

Question 20

The relevance of forensic evidence is reliant upon what people say or do?

Answer 20

False

Question 21

Bobby should be charged with being party to the offence Robbery?

Answer 21

False – He had no knowledge of the intention to commit robbery. Nathan acted on his own.

Question 22

Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts” and swings the bottle at Ben’s head. Ben ducks, the bottle shatters against the bar wall and the glass fragments cut the hand and face of a passing pedestrian, Jennifer. Harry could be charged with “assault with intent to injure” in relation to Jennifer?

Answer 22

True

Question 23

What is meant by an investigator’s “working rules?”

Answer 23

The knowledge and skills learnt from investigator experience.

Question 24

Which of the following persons would NOT be considered suitable for the role of nominated person for a CYF?

Answer 24

A close friend or classmate nominated by the CYF.

Question 25

Material collected at a crime scene can be contaminated when:

1) People or animals have entered the scene
2) Scene equipment is not cleaned before use
3) Exhibits are repeatedly handled before packaging
4) A scene searcher leaves traces on an exhibit

Answer 25

1) True
2) True
3) True
4) True

Question 26

A search is a part of most crime scene examinations. Adopting a search pattern assists to:

Answer 26

Examine the scene in a thorough and controlled manner.

Question 27

After charging a shoplifter with theft and lodging her in the cells, you receive information leading you to suspect her of further thefts. According to Chief Practice Note Guidelines 2 you should:

Answer 27

Interview her again on video, caution again and question her about the new allegations.

Question 28

Detained persons need not be cautioned

Answer 28

False

Question 29

Wilful damage scenario – On arrival you interview the man. After a few questions he says, “It was his fault because he was smart to me.” You continue with the interview until the man is arrested for breaking the window. When should this suspect have first received the rights/caution?

Answer 29

When the suspect stated to you that it was the dairy owners fault that the window had been broken.

Question 30

In a forensic sense, what does persistence refer to?

Answer 30

The length of time biological material can be detected following a crime.

Question 31

The intent of the POL1060 form is to provide:

Answer 31

Record of Police action for the on-going physical and emotional safety of the Victim.

Question 32

Steve gets into an argument with Gerry. Gerry yells “You really deserve this” and smashes his glass into Steve’s face twice, causing severe lacerations to his cheek and lip and a fractured eye socket. What is the most appropriate Crimes Act 1961 assault offence?

Answer 32

Wounding with intent.

Question 33

The O/C case is responsible for ensuring a Victim Impact Statement / audio tape or video file is held in the case file ready for the prosecution to produce in Court at the time of sentencing?

Answer 33

True

Question 34

A special consideration witness may be described as “vulnerable.” Vulnerable means?

Answer 34

Susceptible, defenceless, in a weak position.

Question 35

DNA (blood sample) is known to deteriorate under which of the following conditions:

1) When handled without gloves or masks
2) When exposed to extremes of weather conditions
3) When packaging creates conditions that cause it to degrade
4) When it has exited the body for up to two hours

Answer 35

1) False
2) True
3) True
4) False

Question 36

The initial response team must prevent post-incident cross-examination between other witnesses, the Victim(s) and suspect(s) by considering:

1) Taking photographs of the Victim’s injuries as soon as possible
2) Using different interview rooms for all parties involved
3) Taking physical evidence samples from witnesses at the scene
4) Transporting the Victim and Suspect in different vehicles

Answer 36

1) False
2) True
3) True
4) True

Question 37

Persistent questioning is generally acceptable interviewer behaviour while cross-examination can be regarded as inappropriate interviewer behaviour?

Answer 37

True

Question 38

You are planning to interview Simone (14) about her role in a serious assault. As you begin that interview what must you ensure she understands (2)?

Answer 38

1) That she does not have to say or tell you anything but if she does decide to talk she can change her mind at any time.
2) That you are obliged to inform her parents or guardian of the interview and of the proceedings that may occur.

Question 39

When there are multiple witnesses to a serious incident/offence the investigator should:

Answer 39

Separate the witnesses, conduct a brief initial interview with each and gather witness details.

Question 40

The term “grievous bodily harm” in relation to an offence of “aggravated robbery” means?

Answer 40

Really serious harm.

Question 41

Any police officer can execute an arrest warrant providing they can confirm that the warrant is valid and they can confirm the person’s identity

Answer 41

True

Question 42

At interview a suspect is cautioned for a second time when he reveals his involvement in another crime. He contacts his lawyer and then says he has been advised to claim his right to silence and will not answer any more questions. You should:

Answer 42

Inform him of the allegations against him and record any response he may make.

Question 43

“chain of evidence” refers to:

Answer 43

The official record of exhibit collection, security and movement.

Question 44

CYF suspect refuses to give name. Your caution should make sure he understands?

Answer 44

You can arrest him if he continues to refuse to give you his name and address.

Question 45

Police may interview a person in custody. A person is “in custody” when:

Answer 45

Words of arrest and physical touch clearly signals the person is not free.

Question 46

One of the principles laid down in the Victims Rights Act 2002 guides access to services for Victims. In this respect Police must inform Victims that:

Answer 46

That they are entitled to access to welfare, health, medical or legal services.

Question 47

Offender was arrested and later released without charge – After further investigation, can he still be dealt with by way of summons?

Answer 47

True

Question 48

Stan sees Nigel walking along the road with Gloria, Stan’s ex-girlfriend. Stan is furious. He steps in front of them and says menacingly “Get off my street or you’ll get this.” Gloria and Nigel are frightened. Stan then raises a fist and demonstrates a punching movement. Can Stan be charged with assault?

Answer 48

Yes – Because Bert and Gloria have reason to believe Stan can harm them.

Question 49

An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory?

Answer 49

True

Question 50

The I car is first to the scene of a serious crash incident where 2 people are trapped and injured. The constables first duty is to:

Answer 50

Ensure the crash scene is as safe as possible.

Question 51

The investigative interviewing suspect guide provides directions on how to introduce a challenge. It suggests a process of using a sequence of phrases starting with key words:

Answer 51

You said…. We have…. Explain that…

Question 52

Under s24 of the NZ Bill of Rights Act 1990 a person shall be released on reasonable terms and conditions unless there is just cause for detention. Who does this apply to?

Answer 52

A person charged with an offence and processed accordingly.

Question 53

Which of the following tasks is not the responsibility of an exhibits officer?

Answer 53

Establish the relevance of the exhibit to the enquiry.

Question 54

If a suspect has signed your notebook that they agree with your record of events that occurred prior to interview, then there is no need to refer to these events on video?

Answer 54

False.

Question 55

It is important to call a Fingerprint officer to a homicide scene because latent fingerprints in blood and other contaminants on a body can be destroyed when a body is moved:

Answer 55

True

Question 56

Select the two answers that apply – The minimum standards governing the collection of any item/exhibit that is likely to be submitted for DNA forensic analysis are:

Answer 56

1) Handle one item of evidential material at a time.

2) Gloves and masks should be worn.

Question 57

When Police are called to a complaint about a prowler and the complainant is an older person or a woman and children living on their own, Police must make a referral to Victim Support?

Answer 57

True

Question 58

In which of the two following circumstance are Victims of family violence considered to be at a heightened risk of injury?

Answer 58

1) When the violence is increasing in frequency and severity
2) When attempted strangulation has occurred.

Question 59

Which of the following people may NOT act as nominated persons, even if the young person specifically nominates them:

Answer 59

A person you believe on reasonable ground would attempt to pervert the court of justice if permitted to consult with the CYF.

Question 60

The Police form that provides a record of Police contact with the Victim and the actions completed

Answer 60

POL1060

Question 61

When must a Victim of a s29 offence be advised of their right to be on the Victim Notification register (VNR)?

Answer 61

At the time of the offender’s arrest (if practicable.)

Question 62

The briefing and handover to the O/C investigation by the O/C of the initial incident must include information about (T/F):

1) What has occurred
2) What has not been done
3) What needs to be done
4) What action has been taken

Answer 62

All true

Question 63

A reconstruction is a theory about what took place in a given area over a relevant period of time and how it is likely to have happened?

Answer 63

True

Question 64

Which of the following behaviours demonstrated by a lawyer at interview would be deemed unacceptable?

Answer 64

Challenging the interviewer on the validity of the allegations made.

Question 65

En route to the scene of a serious crime the initial action team must formulate a plan for scene entry that:

1) Considers factors that may affect scene preservation
2) Avoids any known suspect path from the scene
3) Delegates responsibilities for action between them
4) Priorities locating the suspect above all else

Answer 65

1) True
2) True
3) True
4) False

Question 66

Jo gets into argument with Steve and burns him with her cigarette twice causing two burns. Jo is charged with disfiguring Steve under Section 188(2) of the Crimes Act 1961. Shortly after the incident the two burns are no longer visible. The charge can proceed despite the burns having healed?

Answer 66

True

Question 67

You meet your responsibilities for ensuing a youth understands their right by receiving an affirmative to the question, “do you understand?” after each section of the caution?

Answer 67

False

Question 68

At interview you are under no obligations to advise the suspect of everything known before asking for the suspect’s version of events?

Answer 68

True

Question 69

Paul is waiting at a bus stop talking on his cell phone. He is approached by Andrea and Jill who demand that he hand over the cell phone to them. Paul ignores them. Andrea then pushes Paul backwards and pushes him in the face. Jill grabs the cell phone but Paul manages to get it back from her and the girls run away. Which of the following offences best describes Andrea’s criminal liability?

Answer 69

Aggravated Robbery – Andrea and Jill are together and both taking active part in the commission of the offence.

Question 70

When a Victim of a Victims Rights Act 2002, s29 offence is transported to hospital from a crime scene, an officer should accompany the Victim to ensure their:

Answer 70

Clothing is collected and preserved for the exhibit collection.

Question 71

It is important to consider the sequencing of examinations when submitting crime scene material for forensic analysis because DNA analysis can destroy the forensic evidence required for fingerprint examination?

Answer 71

True

Question 72

The Victim impact statements is the record of the Victim’s own words about what happened and their opinion of the offender?

Answer 72

False

Question 73

When a video tape of an adult witness interview is to be used as evidence-in-chief then the O/C must ensure:

Answer 73

The witness has viewed the video and given their signed consent for it to be used.

Question 74

When a witness refuses to talk with you or to be interviewed, then that is their right. You should make a notebook or job sheet record of their reasons for refusing and your opinion on why they refused?

Answer 74

True

Question 75

You apprehend a CYF (15) at an aggravated robbery and he says “I didn’t mean to shoot the guy” before you have time to caution him. Which of the following statements best describes the admissibility of the confession?

Answer 75

His confession is admissible but he must be cautioned as soon as possible.

Question 76

It would be appropriate to charge an offender with assault with intent to rob where violence has been used by the robbery for whatever reason has not been completed.

Answer 76

True

Question 77

A common approach path to and from the crime scene is established to:

Answer 77

Control access to the scene to prevent contamination.

Question 78

The basic rule for electronic equipment located at a crime scene is “If it is off, leave it off. If it is on, leave it on?”

Answer 78

True

Question 79

When you are interviewing a witness about a serious incident and the witness requires an interpreter then you should?

1) Avoid using an interpreter who knows the witness
2) Use your interview notes to write the statement in English
3) Allow the interpreter unsupervised time with the witness
4) Visually record the interview
5) Discuss the aim and objectives of the interview with the interpreter

Answer 79

1) True
2) True
3) False
4) True
5) True

Question 80

Evidence is improperly obtained if it is:

Answer 80

Obtained unfairly or unlawfully.

Question 81

Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with “Assault on Police.”

Answer 81

False

Question 82

A Victim impact statement may contain the Victims comments about an offender, or prior knowledge they may have about that offender, or their opinion about the possible sentence the offender should receive?

Answer 82

False

Question 83

Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable?

Answer 83

Answering the interviewer’s questions on behalf of their client.

Question 84

Classify the following common types of evidence:

1) Semen
2) Paint flakes
3) Blood
4) Glass fragments

Answer 84

1) Biological
2) Physical
3) Biological
4) Physical

Question 85

When cautioning a suspect, you are NOT obliged to inform the suspect that:

Answer 85

They can decide with a lawyer whether to go on video or not.

Question 86

Phillip has been watching the movements of local dairy owner, he bikes past the dairy owner on her way to the bank and snatches the dairy owners cash bag from her hand. She is furious but unharmed. The actions of Phillip would be sufficient to constitute the offence of robbery?

Answer 86

False

Question 87

George is running down a crowded street. He grabs the shoulder bag of a passing female. He twists her arm as she tries to hold onto her bag. This causes her pain and she lets go of the bag. George takes off with the bag. The most appropriate charge in relation to George’s actions would be?

Answer 87

Robbery – His actions were accompanied with violence as the Victim was in pain causing her to let go of the bag

Question 88

What must be ascertained early in an initial interview with a Victim who has been assaulted?

Answer 88

The safety of the Victim and the seriousness of the offence.

Question 89

Dealing with a CYF with limited English. On requesting his name and address and beginning to caution him you note he does not seem to understand. What action now is most appropriate?

Answer 89

Give him his rights caution with reasonable diligence to gain his understanding.

Question 90

A statement made by a Defendant is admissible as evidence against a co-defendant in the proceedings?

Answer 90

False

Question 91

Henry gets into a fight with Steve. He punches and kicks Steve. Steve falls to the ground and is slow to get up. Henry sees that he has an opportunity and decides to steal Steve’s wallet which is falling out of his pocket but is unsuccessful in taking it. Henry should be charged with “assault with intent to rob?”

Answer 91

False

Question 92

Shoplifter with extensive dishonesty offending. Which one of the following public interest factors MOST supports prosecution in this case?

Answer 92

The likelihood of the offence being repeated.

Question 93

During a fight at a very crowded local bar. Steve grabs a pool cue and starts swinging it around with no intention on hitting anyone however gets carried away and hits a patron in the head. The patron receives a fractured eye socket and fractured skull. The most appropriate way to describe Steve’s actions in the bar is that he?

Answer 93

Acted with reckless disregard for the safety of others.

Question 94

When do you caution a youth?

Answer 94

Before asking any questions intended to obtain an admission.

Question 95

If not subjected to any orders or restrictions, a Victim Impact statement can be distributed to the Defense Counsel prior to the sentencing hearing?

Answer 95

True

Question 96

As defined by the Evidence Act 2006 a statement is limited to a written or verbal assertion by a person on any matter?

Answer 96

False.

Question 97

In decisions about admissibility of their interview, characteristics of the suspect such as mental, intellectual or physical disability are only taken into account if they are visibly present at the time of interview.

Answer 97

False

Question 98

Jim goes in to the supermarket on his way home from softball practice. He is carrying his softball bat in his hand. While waiting in the queue he decides to rob the supermarket and threatens the checkout operator that if he doesn’t hand over the money he will get hit around the head with the bat. If Jim carries through with his plan, he would be liable for aggravated robbery. Although Jim’s initial carriage of the softball bat is innocent his later actions would deem it to be an offensive weapon?

Answer 98

True

Question 99

An appreciation is the mental process, the written process plan:

Answer 99

Records decision making and shows why a certain course of action was decided.

Question 100

Joe arms himself with an imitation firearm and successfully robs his local bank. Joe is liable for Aggravated robbery as the imitation firearm falls within the definition of anything appearing to be an offensive weapon?

Answer 100

True

Question 101

Does the situation describe when transfer between Victim and Offender can occur?

1) When Victim and Offender are not separated during initial action
2) When professional medical assistance is given to a Victim at the scene
3) When the offender is present in the scene prior to the incident
4) When one vehicle is used to transport the Victim and the offender

Answer 101

1) Yes
2) No
3) Yes
4) Yes

Question 102

Arbitrary detention occurred occurs when the arrest or detention is reasonable in the particular case

Answer 102

False

Question 103

Who is responsible for ensuring a Victim of a s29 offence is given the POL1065 and sufficient information and assistance to complete it?

Answer 103

Responsibility rests with the O/C case who arrests and charges the offender with the s29 offence.

Question 104

When a Victim elects to go on the VNR they will receive notification from different agencies. Match the agency with the type of information they hold about the offenders status:

If the offender escapes, dies or is temporarily released

Answer 104

Department of Corrections

Question 105

What are the Police responsibilities to the Victim when a s29 suspect is released on bail?

Answer 105

Police must advise all Victims, as soon as practicable, of the outcome and conditions of any bail application.

Question 106

A youth suspect (14) is asked who he wants as his nominated person. His parents are divorced and his mother lives locally and father lives out of town. He nominates his father out of district. What action is most appropriate now?

Answer 106

Advise the father of the circumstances and make enquiries about his availability.

Question 107

Select the forensic concept that best describes how the collection of forensic evidence may be affected when:

Many people enter and leave the scene

Answer 107

Contamination

Question 108

Although the power to arrest is discretionary, the decision to arrest family violence offenders is clearly directed in policy

Answer 108

True

Question 109

The Police form that records the Victims request to be notified about the bail/release/escape or absence of the offender/defendant

Answer 109

POL1065

Question 110

Amy punches Lucy in the face because she is wearing a rival team’s beanie. As a result of the punch Lucy falls to the ground. As Amy is running away she sees Lucy’s beanie on the ground and decides to take it. Amy is liable for the offence – robbery?

Answer 110

False

Question 111

The Judge must exclude a Defendant’s statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?

Answer 111

Balance of probabilities.

Question 112

When deciding whether evidence was improperly obtained, which of the following considerations will the Judge make?

Answer 112

1) Whether the impropriety was necessary to avoid physical danger to the Police or others.
2) The importance of any right breached and the seriousness of the intrusion on it.

Question 113

The decontamination zone model is used at a scene of major crime because:

Answer 113

The scene will contain both biological and physical evidence.

Question 114

Grant is a 38-year-old male who witnesses a stabbing in a local bar. He was a bystander and has no relationship to the Victim or the suspect. Which of the two reasons could be given to support an application for the video record of his witness interview to be played as his evidence in chief?

Answer 114

1) Grant says he has been badly affected by the event and can’t sleep.
2) Grant will be overseas on a planned holiday at the time of the trial.

Question 115

How can Police ascertain whether a Victim of a s29 offence has been registered to the VNR?

Answer 115

Query the Notifications database on the national bulletin board.

Question 116

If you are a member of an initial action team at the scene of a suspicious sudden death and a medical officer confirms the victim is deceased, then you must secure the scene and:

Answer 116

Do not touch or move the body under any circumstances

Question 117

Tai is involved in a fight; he punches Bruce several times causing Bruce to fall to the ground. As Bruce falls his phone falls out of his pocket. Tai sees it and decides to take it. The most appropriate charge for Tai would be robbery?

Answer 117

False

Question 118

Should a person who is intoxicated at interview be treated as a special consideration witness?

Answer 118

Yes because their ability to give accurate information is affected.

Question 119

What public interest factors support prosecution in this case?

1) The defendants position of trust in the circumstances
2) The offer of reparation requires prosecution support
3) The review of the defendant’s professional status
4) The extent to which the Victims are affected

Answer 119

1) True
2) True
3) True
4) True

Question 120

In general, should an investigator regard a child or youth under the age of 18 years as a special consideration witness?

Answer 120

Yes because their age and maturity level may mean they are vulnerable in an interview situation.

Question 121

A couple are dragged out of their car by a group of youths. The youths threaten to punch the female if the male does not hand over the keys. The male gives the keys to the group and they drive off in the car.
True or False – As the threats of violence were not directed at the male the youths can only be charged with Assault on the female and demanding with menaces?

Answer 121

False

Question 122

When a cell phone is located at a crime scene, turning it off or letting the battery run flat is advisable in the circumstances?

Answer 122

False

Question 123

Which of the following statements about the Free Recall (FR) model is generally true?

Answer 123

Does not include a challenge phase.

Question 124

When thinking about written appreciation, which two of the following choices best describes the difference between a full appreciation and a short appreciation?

Answer 124

A full appreciation is done for difficult or complex problems. A short appreciation is done for urgent or less complicated problems.

A full appreciation is a lengthy plan; a short appreciation is more likely to be a brief list of bulleted points on a notebook page.

Question 125

Representation refers to the behaviour of the interviewer who

Answer 125

Promises a favour in return for a requested action.

Question 126

According to the investigative interviewing doctrine which of the following statements about probing questions is correct?

Answer 126

An interviewer should avoid asking probing questions beginning with Why.

Question 127

Which of the following scenarios could affect the reliability of a suspect interview record? When the suspect being interviewed is:

Answer 127

Tired and clearly unwell but is not offered an interview break.

Question 128

Josephine should be charged with the offence “Attempted Assault” in relation to her actions?

Answer 128

False – No attempted assault charge.

Question 129

If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the Court will:

Answer 129

Make you honour the promise and rule the evidence as inadmissible.

Question 130

When a Victim elects to go on the VNR they will receive notification from different agencies. Match the agency with the type of information they hold about the offenders status:

If the offender is entitled to their first unescorted leave or discharged

Answer 130

Ministry of Health

Question 131

Victim Impact Statements can be disclosed in disclosure packs?

Answer 131

False

Question 132

A women dances with a man, Male A, who is wearing a red jersey and she gets red fibres on her top. Later in the evening she dances with another male, male B and some of the red fibres are transferred to his shirt. The scenario is an example of secondary transfer between:

Answer 132

The women and Male B.

Question 133

If a person is arrested for an offence you cannot interview them because they must appear before the court as soon as possible?

Answer 133

False

Question 134

The O/C initial action party is responsible for effectively briefing and conducting handover to an O/C scene on their arrival at a serious crime scene. What information is essential to the integrity of the crime scene examination?

Answer 134

Details of any post incident movements in the crime scene.

Question 135

At what point in the scenario involving Nathan and Bobby is robbery completed?`

Answer 135

The robbery was complete at the time the shop assistant handed over the $650 cash to Nathan.

Question 136

A CYF can nominate an adult to provide support when they are being interviewed by Police. Who is most appropriate for this role?

Answer 136

An adult family member or whanau member.

Question 137

Elimination samples are:

Answer 137

Taken from people who had legitimate contact with the scene or an exhibit.

Question 138

Jo intends to cause GBH to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s arm. Jo cannot be charged under s189 of the Crimes Act 1961 as the cut would not be classified as GBH?

Answer 138

False – Just because the injury is not bad – The intent was still present for a charge to be laid.

Question 139

When a Victim elects to go on the VNR they will receive notification from different agencies. Match the agency with the type of information they hold about the offenders status:

If the offender is not a NZ citizen and subject to deportation proposal

Answer 139

Department of Labour

Question 140

Evidence is only relevant to an investigation if it has a tendency to prove anything that is of consequence to the case.

Answer 140

False

Question 141

Scene records including photographs, sketches, drawings and notebook entries must be completed prior to searching for an uplifting any material from the crime scene?

Answer 141

True

Question 142

Which example is incorrect? A written statement from a witness interview:

Answer 142

Cannot include slang, swearing or colloquialisms as it is a legal document.

Question 143

Victims Rights Act 2002, s29 offences are defined as:

Answer 143

Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the Victim having fears for their safety or the safety of their family.

Question 144

When and why is a CSV1 required?

Answer 144

When there is a Victim and the matter will proceed to District Court (or above) because the Victim is entitled to specific services at the Court.

Question 145

If called to a sudden death of a person Police must treat the family with respect and provide information about where they can access support?

Answer 145

True

Question 146

Section 235 Crimes Act 191 Aggravated Robbery – Considering this legislation what is the liability of Bobby and Nathan for the offence of aggravated Robbery in relation to the events at the second hand store?

Answer 146

1) Neither are liable.
2) Nathan – Robbery
3) Bobby – Aggravated wounding and receiving

Question 147

Your prompt initial action at a serious crime scene has led to the apprehension of a male closeby who is acting suspiciously. During a preliminary interview with him you should:

Answer 147

Make a notebook entry of his details and his demeanour.

Question 148

During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint. Should a suspect’s complainant affect the interview progress in any way?

Answer 148

Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview.

Question 149

The purpose of an initial reconnaissance by the first on the scene officers at a serious crime scene is to:

Answer 149

Survey the scene to establish the action required to secure.

Question 150

You may only detain a person under certain enactments

Answer 150

True

Question 151

When a Victim is identified, their Victim impact statement must be taken when the offender is due in court for sentencing?

Answer 151

False

Question 152

Your suspect is uncooperative so you leave the room for 5 minutes return a tell him, his co-offender admitted everything. He shrugs, readily admits his involvement and later pleads guilty. Would the above admission be admissible in Court?

Answer 152

No because the admission was obtained by misrepresenting the truth to your suspect.

Question 153

The O/C case or suitably tasked person is responsible for the preparation of Victim Impact Statements:

Answer 153

True

Question 154

John approaches Harry, forms a fist and says, “Leave now or you will get this fist in your face.” Harry quickly leaves and you investigate the incident. Which of the following statements is true?

Answer 154

This is an offence of “assault” as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence.

Question 155

Margaret wants a protection order against her abusive 15-year-old daughter. Your advice to Margaret will be that she will be able to obtain a protection order from the Court?

Answer 155

False – Daughter is only 15.

Question 156

An exhibit that is wet should be promptly packaged, sealed and labelled to avoid further deterioration?

Answer 156

False

Question 157

Which of the following scenarios could be an example of an interview improperly obtained? When the suspect:

Answer 157

Repeatedly asks for a lawyer but the interviewer continues on without one.

Question 158

“Was the car you saw driving off a station wagon?” Could be what type of question?

Answer 158

Leading.

Question 159

What is a “bound person?”

Answer 159

The person who a PSO was served against.

Question 160

You should not obtain a written statement from a witness of doubtful reliability as their statement will more than likely be admissible.

Answer 160

False

Question 161

When interviewing a person suspected of committing and offence, when should the caution be administered?

Answer 161

When you have sufficient evidence to charge a person with an offence.

Question 162

Evidence “contamination” may occur when?

1) Biological material is advertently added to an exhibit
2) A crimes scene lacks clear boundaries, pathways and security
3) An examiner wears the same gloves to uplift different exhibits
4) When the material collected cannot be linked to the investigation

Answer 162

1) True
2) True
3) True
4) False

Question 163

When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?

Answer 163

The evidential test and the public interest test.

Question 164

Care must be taken in Police interaction with a witness because?

Answer 164

A witness needs and their individual circumstances must be taken into account by an interviewer.

Question 165

For any investigation you should aim to collect?

Answer 165

The maximum amount of material and examine for its use.

Question 166

A 20-year-old male physically resists arrest and after being given the rights caution he is placed in the cells. Sometime later he refuses to leave the cell for an interview. Mark the incorrect statement:

Answer 166

An interview can proceed without his consent.

Question 167

The intervening member of the public has suffered a fractured skull and severe facial wounds after being hit around the head with the road cone. Nathan and Bobby are both liable for aggravated wounding for the member of public?

Answer 167

False – Only Bobby is liable. In this scenario there was no common intention to commit the robbery nor was there any common intention to assault anybody if someone intervened.

Question 168

If a lawyer complains of a video machine being left on and refers to her client’s right to consult in private and requests the video machine be turned off. What response should she get?

Answer 168

The machine will be turned off immediately as requested.

Question 169

The preference to video record an interview with a suspect only applies when they are suspected of committing a category 1 or 2 offence?

Answer 169

False

Question 170

A witness who is reluctant to give information that will incriminate a friend should be advised of the possible consequences of their withholding information?

Answer 170

False

Question 171

Arrest is a form of arbitrary detention

Answer 171

False

Question 172

A compliant witness is one who always provides good information to assist the investigation?

Answer 172

False

Question 173

Which of the following statements is incorrect. A witness FR interview:

Answer 173

Should be challenged following their first FR account.

Question 174

George enters the local dairy. He takes some biscuits from a shelf and hides them under his jacket to exit the store. The dairy owner chases him down the street. George stops running, turns and punches the dairy owner in the head. The dairy owner falls to the ground as George runs away. As George has used violence to avoid being caught for the theft, he would be liable for Robbery?

Answer 174

False – Theft and Aggravated Assault

Question 175

Jane punches Kathy. The punch connects with Kathy’s nose and there is a great deal of blood as a result of the bleeding nose. As there is a flow of blood from the nose, Kathy has suffered a “wound?”

Answer 175

False

Question 176

The meaning of the term “arbitrary detention” as explained in the case R vs Goodwin (1993) is:

Answer 176

When words or conduct of an officer cause a person to believe that he or she is not free to go.

Question 177

Which two of the following statements are correct – Property taken from a person who is arrested or detained:

Answer 177

1) May be retrained by the custody officer if, in their opinion, the person arrested will be remanded in custody in another facility and therefore lost their right to retain the property.
2) May be retrained by the custody officer if, in their opinion, its possession may constitute an offence or it may be given in evidence in proceedings arising out of a charge.

Question 178

15 year old, family violence witness – What are the O/C’s responsibilities in the given circumstances?

1) Convince Shane of the importance of his evidence and gather his view on giving his evidence in an alternative way
2) Convince Shane of the importance of his evidence and assure him that he will be safe when standing up in Court
3) Provide a report to the prosecutor outlining information (relevant grounds) for Shane to give his evidence in an alternative way

Answer 178

1) True
2) False
3) True

Question 179

When leaving a house with a set of golf clubs Mary is confronted by the property owner. Mary holds up a screwdriver and yells “if you try and stop me I’ll get you with this.” The threat made by Mary may be sufficient for a charge under s191 Crimes Act 1961 in relation to the term “by any violent means renders any person incapable of resistance?”

Answer 179

True

Question 180

An investigative interviewer knows when to use and when to avoid certain types of questions as they may affect the quality and quantity of information given. “Was it a green car?” is what type of question?

Answer 180

Closed

Question 181

The “warm” zone is partly designed to provide an area for:

Answer 181

Collecting, recording and securing the exhibits collection.

Question 182

True or False. The consequences of arbitrarily detaining a person may be that:

1) The case against the person could be dismissed in court
2) The arresting or detaining officer could be liable to civil litigation
3) Any statement made by the person is inadmissible in Court
4) The officer must face an inquiry under the Police Code of Conduct

Answer 182

1) True
2) True
3) True
4) False

Question 183

When investigating an offence, you may ask questions of any person of whom it is thought that useful information may be obtained but they are under no obligation to answer your questions?

Answer 183

True

Question 184

Michael’s threat to hit Sylvie does not classify as violence as it was only a single threat and there must be a pattern of abusive acts?

Answer 184

False

Question 185

Elimination samples refer to samples taken from people who are not under investigation for the offence but may have come into legitimate contact with the crime scene evidence?

Answer 185

True

Question 186

Prior to gathering information from the Victim for the preparation of their statement the O/C case must explain how the statement will be used and gain the Victims approval for disclosure or distribution of their statement?

Answer 186

True

Question 187

When giving advice to a youth NOT under arrest, you should tell them that if they (2):

Answer 187

1) Consent to accompany you they can withdraw that consent at any time.
2) Refuse to give you their correct name and address you can arrest them.

Question 188

Which statement best describes hypotheses and why you might use them?

Answer 188

Hypotheses suggest explanations for a group of facts. They can be used to generate lines of enquiry.

Question 189

The CJPN on Police questioning:

Answer 189

Directs the conduct of Police interviewing practice as guided by the judiciary.

Question 190

You are interviewing a male suspect about a number of offences and after you begin to probe the inconsistencies in his account he says he is not prepared to say anything else but continues to answer your questions. Is the complete statement/video record admissible?

Answer 190

No, only the part before the suspect claimed their right to silence is admissible.

Question 191

Initial action guidelines instruct that when setting the parameters at a serious crime scene you should?

1) Use emergency tape to establish the cordon parameters
2) Cordon only the area where the incident occurred
3) Arrange and brief scene guards with clearly defined duties
4) Extend the parameters as widely as possible to capture any exhibits the suspect may have discarded

Answer 191

1) True
2) False
3) True
4) True

Question 192

Harry sees Melanie and her 15-year-old, son walking into the mall. Harry approaches and begins arguing with Melanie. Melanie’s son intervenes and Harry punches him in the chest. Harry should be charged with Assault on a child?

Answer 192

False

Question 193

Tom assaults Alice and breaks two of her ribs which causes internal bleeding. The most appropriate charge would be Male Assaults Female (s194 Crimes Act 1961) as the assault is family violence-related?

Answer 193

False – More severe charge required.

Question 194

Which of the following could provide intangible evidential material?

Answer 194

Facebook account, Memory stick, CCTV camera

Question 195

You must arrest a person if it is clear they have committed an offence and there is sufficient evidence to charge them

Answer 195

False

Question 196

Sharon is waiting at a taxi stand when she is approached by a patched gang member with extensive facial tattoos. He asks Sharon if she smokes. Sharon is afraid, panics and gives the gang member her packet of cigarettes. The most appropriate charge would be robbery as Sharon handed over her property based on the gang members looks and demeanour?

Answer 196

False – No charge

Question 197

Stella stands immediately beside and watches her good friend Aroha punch and kick a passing pedestrian so that Aroha can steal her handbag. Stella’s presence at the robbery without active participation in it is not sufficient for an offence of aggravated robbery?

Answer 197

True

Question 198

When packaging an exhibit in a windowed paper bag or kleensak you must:

Answer 198

Fold over the top of the bag 2-3 times and seal with tape.

Question 199

In the engage and explain phase of an interview with a witness who is fearful or distressed about the consequences of making a statement you should?

Answer 199

Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required.

Question 200

John has used violence to obtain property to which he believes he is entitled to. If a defence claim of right to a charge of “theft” is used by John, this defence would also negate a charge of robbery.

Answer 200

True – Claim of right negates Theft however assault would be a charge.

Question 201

The role of an interview support person for a special consideration witness is to?

Answer 201

Ensure their well-being and support their understanding of what is happening.

Question 202

Bobby should be charged with the theft of $650 cash from the second hand store?

Answer 202

False – He was not involved in the theft/robbery part. Can be charged with receiving.

Question 203

A dairy owner is punched and tied up. The offender then leaves the owner in the shop and goes to the storeroom at the rear of the yard and steals cigarettes. The offender would not be liable for robbery as the theft of the cigarettes was not in the immediate presence of the Victim?

Answer 203

False

Question 204

Which of the following acts contains the most appropriate power to enter Susan’s home without warrant to protect her child from injury?

Answer 204

Oranga Tamariki Act 1989 – Section 42

Question 205

To avoid contamination, small quantities of powders or tablets found at a crime scene must be packaged in self-sealing plastic bags inside a standard drug envelope?

Answer 205

True

Question 206

Entomology is the science of studying?

Answer 206

Insects

Question 207

In any incident where the Victim is obviously distressed Police must provide a Victim with support, and/or refer them to an agency that will provide support?

Answer 207

True

Question 208

Michael continually taunts Jo in front of their two primary school aged children about being stupid and fat. Jo does nothing to prevent the children from being able to hear the abuse. Jo is just as liable as Michael for the psychological abuse of the children as she allows them to hear the taunts?

Answer 208

False

Question 209

John and Tai are both armed with knives. They threaten their taxi driver that if he doesn’t hand over his money he will be stabbed. The taxi driver laughs at them and both John and Tai run away without the cash. As John and Tai are together, armed with knives and threaten to stab the taxi driver they would both be liable for Aggravated Robbery?

Answer 209

False

Question 210

Which of the following statements best describes an investigative mindset?

Answer 210

A principled approach to the way investigators examine material and make appropriate and reasonable decisions

Question 211

The term “injure” means to cause:

Answer 211

Actual bodily harm to a person.

Question 212

A Victim of any offence may make a complaint if they are not treated according to the principles of the Victims Rights Act 2002?

Answer 212

True

Question 213

Under s29 and s30 of the Victims Rights Act 2002, what are the O/C’s obligations to Joan now?

Answer 213

Give Joan the POL1065, update the POL1060 and seek her views on bail to relay to Court.

Question 214

All suspect interviews should preferably be recorded by video recording unless that is impractical or unless the person declines to be recorded by video?

Answer 214

True

Question 215

Which of the following scenarios could be an example of evidence that has been improperly obtained? During an interview with a new immigrant the interviewer:

Answer 215

Does not ensure the suspect really understands his rights.

Question 216

In relation to “intent to steal” ingredient of “demanding with menaces” the prosecution must show that the offender acted dishonestly and without claim of right. A belief in a legal entitlement to demand the thing demanded is therefore a defence?

Answer 216

Tru

Question 217

You should not arrest a person if you are unable to justify that their arrest is necessary for justice to be served or for reasons of safety

Answer 217

True

Question 218

You have been told that David has a rifle in the house and that he repeatedly threatens his wife that he will shoot her if she makes complaint about him to the Police. The power to enter David’s house without warrant to search for the rifle comes from which act?

Answer 218

Arms Act 1983

Question 219

An exhibit collected for the forensic evidence it holds, should be uplifted, packaged and examined only by people wearing gloves and protective clothing?

Answer 219

True

Question 220

During a crime scene examination you find a small amount of dry substance in a jar. To determine if it is to be collected for analysis you can:

Answer 220

Examine it with gloved hands.

Question 221

The Police form that records the Police referral of the Victim to the Court Victim Advisor

Answer 221

CSV1

Question 222

Probing or closed questions are ones that encourage only a relatively small range of responses, usually short word or phrase. According to the material in the investigative interviewing doctrine, which of the following statements about probing questions would be incorrect.

Answer 222

Probing questions are the preferred way to start a suspect interview.

Question 223

A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and:

Answer 223

The court is provided with an appropriate basis for sentence.

Question 224

An immediate statement taken in circumstances where you believe the Victim may die:

Answer 224

May be admissible if it is not signed.

Question 225

Select the forensic concept that best describes how the collection of forensic evidence may be affected when:

The movement of exhibits is not recorded

Answer 225

Evidential integrity

Question 226

Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset as he thinks Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it. It misses Bert but hits Gloria. This type of assault is classified as an “Indirect Assault?”

Answer 226

False. – This assault is Transferred Malice.

Question 227

A suspect declines the services of a lawyer but although he agrees to an interview he says, “if you keep that video running I won’t say anything.” What should you do?

Answer 227

Explain the advantages of visually recorded interview and say he has the option of preparing a written statement.

Question 228

Because deleted images can very easily be recovered from digital cameras, the guidelines direct:

Answer 228

Digital cameras are assigned to a named position or employee.

Question 229

A 16-year-old male, arrested for an indictable offence, elects his mother as his nominated person. She asks about the charge her son may face. Is she entitled to an explanation?

Answer 229

Yes. The enforcement officer should inform her of the nature of the charges as soon as possible.

Question 230

As Zoe is walking along the road side she sees a female sitting at the bus stop listening to a pink coloured MP3 player. Zoe decides that she wants it, she punches the victim in the face and runs away with the MP3 player. As she gets down the road, she changes her mind, returns the property and apologises to the Victim. Zoe has committed the offence of robbery?

Answer 230

True

Question 231

According to CJPN Guideline 4, when you are questioning a suspect about statements made by a witness you should:

Answer 231

Explain the substance or nature of the witness’s statement to them.

Question 232

True or False – A factor to consider when deciding to arrest is:

1) If it is likely that the person will commit further offences
2) If there is a need to safeguard an offender’s safety and interests
3) If the offender’s liberty means the safety of others is at risk
4) If it is likely that the suspect will warn accomplices or abscond

Answer 232

1) True
2) True
3) True
4) True

Question 233

In the appreciation technique, what is a factor?

Answer 233

A statement of truth about a known influence or circumstance.

Question 234

Gary (16) is to be interviewed about his part in a serious assault and he is insisting his uncle be his nominated person. On preparing for the interview you note his uncle is also identified as a witness at the scene, in these circumstances you should:

Answer 234

Conduct the witness interview to determine whether the uncle is suitable for the role of nominated person.

Question 235

You can arrest a suspect for the purpose of interviewing them to gather information?

Answer 235

False.

Question 236

If a special consideration witness refuses to be interviewed but is happy to talk informally about an event, you may still discuss the offence details with them and continue to question them to clarify information?

Answer 236

True

Question 237

Jill and Steve are flatmates. Steve threatens Jill over rent payments. Jill and Steve are in a domestic relationship?

Answer 237

True

Question 238

Consent from the person at risk is needed before a PSO can be issued?

Answer 238

False

Question 239

Mark the following statements about trace evidence true or false:

1) Trace evidence may only be seen by specialist forensic personnel
2) Trace evidence cannot be seen by the human eye
3) Trace evidence may be of a biological or physical nature
4) Trace evidence is usually found in fragments or small particles

Answer 239

1) False
2) False
3) True
4) True

Question 240

Marty punches Simon in the head and demands that he hands over his money. Marty’s associate verbally threatens to kick Simon and is standing beside Marty as the Victim hands over a twenty-dollar note. The actions of Marty would be sufficient to satisfy the requirements of a joint enterprise between two or more persons in relation to aggravated robbery?

Answer 240

True

Question 241

During a scene examination you find a cell phone, you observe that it is turned on. What action should you take to uplift the phone?

Answer 241

Leave it switched on, uplift and contact ECL for advice.

Question 242

The definition of a Victim may include members of the family or parents of a person charged with, convicted of, or has plead guilty to an offence.

Answer 242

False

Question 243

If a witness becomes a suspect during the interview, then the interviewer should?

Answer 243

Caution, shift to procedures for interviewing suspects and ensure the interview is visually recorded.

Question 244

The term “wilfully neglects” in relation to a section 195 Crimes Act 1961 (cruelty to a child) means:

Answer 244

Deliberate or reckless failure to provide care.

Question 245

A special consideration witness is one who?

Answer 245

Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily.

Question 246

If the youth has chosen a family member other than their parent or guardian as their nominated person, then there is no need to contact their parent or guardian to inform them of their child’s presence at the station?

Answer 246

False

Question 247

Can an impression be left by:

1) A tool used as a lever
2) Drops of saliva or semen
3) The sole of a shoe or boot
4) A finger or palm print

Answer 247

1) Yes
2) No
3) Yes
4) Yes

Question 248

The Police form that records the Police opposition to a Defendant’s bail and the Victims views on their safety

Answer 248

POL128

Question 249

“Contamination” may occur when:

1) Forensic material is added to an exhibit post incident
2) Forensic material is exposed to rain or sunshine
3) Equipment used has not been correctly cleaned
4) Exhibits are not correctly packaged or secured

Answer 249

1) True
2) False
3) True
4) True

Question 250

In relation to cross examination which of the following answers is correct?

Answer 250

Questions aimed at establishing further facts from answers given are acceptable.

Question 251

A patched gang member sits down next to an elderly lady and asks for a cigarette. The lady does not answer so the gang member moves closer and says, “Give me a cigarette now, you bitch” Scared by the gang member’s words and conduct she hands one over. The gang member should be charged with Demands with Menace in relation to his actions?

Answer 251

True

Question 252

When applying the evidential test, you must consider if there is sufficient evidence to:

Answer 252

Provide a reasonable prospect of conviction.

Question 253

The Judge must exclude a Defendant’s statement if they are satisfied it was influenced by oppression. What is the standard of proof required?

Answer 253

Beyond reasonable doubt.

Question 254

The “golden hour” concept refers to the time when:

Answer 254

Evidential material is more readily available at a crime scene.

Question 255

Interviewing receiver – Want original thief scenario. You change interview styles and begin to very strongly put questions to him demanding explanations and answers to your questions. He eventually gives up the identity of the thief and other evidence against himself. Would the above evidence by your offender be admissible in Court?

Answer 255

NO because the offender was in custody and questions must not amount to cross-examination.

Question 256

Two offenders intend to rob an office manager of his laptop. They approach the Victim and tell him that if he does not hand over his computer they will smash his head in. The Victim, believing that he is about to be assaulted, runs off and keeps possession of his laptop. The most appropriate charge in relation to both offenders would be “assault with intent to rob?”

Answer 256

True

Question 257

The initial action scene party must not move any items in a serious crime scene unless it:

Answer 257

Will be affected by the weather and cannot be protected.

Question 258

Nathan and Bobby are hanging out in Town. Bobby wants to look at some guitars in the local second hand store. They both go in to the shop and have a look around. Nathan goes up to the female shop assistant and yells at her saying that he will punch her in the head unless she hands over the contents of the till. Frightened by Nathan’s actions the shop assistant hands over $650 cash. Bobby wonders what Nathan is up to and says “What are you doing?” Nathan then yells to Bobby and they both run out of the shop and take off down the road being pursued by the shop manager. A member of the public grabs Nathan as he runs down the road and attempts to hold on to him. Bobby seeing what is happening to Nathan, grabs a nearby road cone and hits the man in the head several times with the cone until he lets Nathan go. The member of the public falls to the ground, loses consciousness and sustains numerous cuts and gaping wounds to the face. Nathan and Bobby continue running from the scene and when they think they are safe, start arguing with each other. Bobby is angry that the Police will now be after them. Nathan gives him $200 cash taken from the shop and tells Bobby to keep his mouth shut. Bobby is more than happy to take the money and buys Nathan a drink to celebrate.
Considering the liability of Nathan and Bobby for taking the $650 which of the following is the most appropriate charge?

Answer 258

Robbery by Nathan, threatened violence and obtained $650 cash from the shop assistant.

Question 259

Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns. However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much they are no longer visible. Which of the following is the most appropriate charge?

Answer 259

With intent to injure anyone, disfigures.

Question 260

The purpose of the preliminary interview with a witness at the scene of a serious crime is to:

1) Obtain their identifying particulars and contact details
2) Ascertain their legal reason to be at the scene
3) Gather information for your handover briefing
4) Ascertain who needs to be separated and kept apart

Answer 260

1) True
2) False
3) True
4) False

Question 261

Steve and Keith are walking down the road together. Steve is wearing an All Whites football jersey. Henry wants the jersey so walks up to Keith and punches him in the face and says “Tell Steve to give up his jersey otherwise I will punch you again.” Steve fearing Keith might be hurt takes off his jersey and hands it to Henry. What offence has Henry committed?

Answer 261

Robbery as Henry has used violence and stolen property.

Question 262

The first priority for staff arriving at the scene of a serious crime is:

Answer 262

The safety of attending Police officers.

Question 263

As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant?

Answer 263

True

Question 264

The Police form that records the effects of the crime on the Victim and others who have disadvantaged by the offence

Answer 264

POL392

Question 265

When a witness has provided a description that matches the suspect the best way to present this as a challenge during the suspect interview is to say?

Answer 265

A witness has provided details of an offender that fits your description.

Question 266

Select the forensic concept that best describes how the collection of forensic evidence may be affected when:

The offender is taken back into the scene for the interview

Answer 266

Transfer

Question 267

An application for the alternative way of presenting evidence may only be made if the witness is a child, a victim of sexual assault or a member of their family?

Answer 267

False

Question 268

Think about the definition of a crime scene and select the situation most likely to lead to cross contamination?

Answer 268

When scene equipment is re-used without cleaning

Question 269

Can Police enter a private residence to locate and arrest a person who has breached their PSO conditions?

Answer 269

No – A warrant of arrest needs to be obtained.

Question 270

Police must advise the nominated person of the rights of the CYF who is suspected of an offence, prior to any interview taking place?

Answer 270

True

Question 271

Susan plunges a knife into Karen’s chest and lacerates her lung. In relation to s188 of the Crimes Act 1961, the most appropriated description in relation to the puncture of Karen’s lung would be?

Answer 271

A wound.

Question 272

Doug and Colin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal their money. As a pedestrian approaches Doug changes his mind and takes off. Colin hits the pedestrian and searches his pockets. He minds no money however steals his MP3 player. Colin is liable for the following?

Answer 272

Robbery as he used violence on the pedestrian and stole the MP3 player.

Question 273

Stealing GPS scenario, caught by owner who attempts to stop them. Steve punches owner in the face causing him to falls. Steve and John run away. What is the most appropriate charge?

Answer 273

Aggravated Assault (S192 of the Crimes Act 1961)

Question 274

What are the sequence steps of the appreciation technique?

Answer 274

Aim, factors, courses open, plan.

Question 275

A serious assault has occurred at a private party. When you arrive at the scene you wish to speak to the patrons about the assault. In the given circumstances Police behaviour must reflect Guideline 1 of Chief Justice Practice Note which is:

Answer 275

You must not suggest through words or actions that a person must answer your questions.

Question 276

Under the Crown Law Prosecution guidelines 2010 – When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must:

Answer 276

Apply the public interest test to determine if a prosecution is required.

Question 277

If the nominated person chosen by the youth cannot be located with reasonable diligence you should ask the youth to choose another person?

Answer 277

True

Question 278

When a Victim elects to go on the VNR they will receive notification from different agencies. Match the agency with the type of information they hold about the offenders status:

If the offender has an upcoming parole hearing

Answer 278

NZ Parole Board

Question 279

Select the forensic concept that best describes how the collection of forensic evidence may be affected when:

The crime scene is dowsed in continuous rainfall

Answer 279

Deterioration

Question 280

Dave decides to rob the local bank. He leaves a rifle in his vehicle and parked down the street from the bank. He goes into the premises and tells the teller that if she doesn’t hand over the money he will go to his car, get his gun and blow her head off. Dave’s actions would be sufficient to satisfy the “armed with a weapon” ingredient of “aggravated robbery?”

Answer 280

False

Question 281

John has been detained for the purpose of issuing a PSO however this has not occurred within 2 hours:

Answer 281

John must be immediately released from the place of detention.

Question 282

The judge must exclude a statement when he or she is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected it reliability?

Answer 282

True

Question 283

A scene examination strategy record is a documented report providing an overview record of the management strategies, procedures followed and outcomes achieved at the scene examination phase?

Answer 283

True

Question 284

Bill is tagging a fence with a pen. When confronted by the owner, Bill reacts by stabbing him in the chest. Bill flees the scene as he is fearful of arrest. The most appropriate charge in relation to Bill’s actions is “aggravated wounding or injury?”

Answer 284

False – As graffiti and wilful damage are not a “crime” therefore no aggravated feature.

Question 285

Being on the VNR means the Victim will be notified:

Answer 285

By the agency where the offender is held of any information concerning changes to the offender’s bail, release, parole, escape or death.

Question 286

Under s29 of the Evidence Act 2006, oppression is defined as:

Answer 286

Threats, degrading treatment to the Defendant or any other person.

Question 287

The O/C initial action party could decide to immediately uplift an item from a scene of a serious crime when the item:

Answer 287

Cannot be protected from the elements and will deteriorate.

Question 288

If a suspect’s right to consult with a lawyer without delay and in private cannot be facilitated immediately by Police, what action is required first?

Answer 288

Advise the suspect of that fact and the reason for the delay.