Unit 1 Exam Flashcards

Question

State and define all the types of offences:

Answer 1

Regulatory Offence: An act that is prohibited by legislation and carries a fine as a maximum penalty Summary Offence: A simple or less serious criminal offence heard by a magistrate Indictable offence: A serious criminal offence that requires a committal hearing and trial eg. a crime or misdemenour

Answer 2

Police gather evidence using their powers and then determine if the evidence is sufficient enough to charge someone of the offence

Answer 3

The level or amount of proof a judge or jury needs to be certain the accused committed an offence. In a criminal trial, it is beyond reasonable doubt

Answer 4

The responsibility to prove the accused is guilty. In a criminal trial, the prosecution bares the onus of proof

Answer 5

Oral evidence refers to any verbal testimony given by a witness under oath during a trial or legal proceeding. It is considered direct evidence and is typically delivered in court, where the witness recounts what they saw, heard, or experienced related to the case.

Answer 6

Fingerprint evidence refers to the use of fingerprint patterns found at a crime scene to identify a suspect. Since fingerprints are unique to each individual, even identical twins, they serve as reliable evidence for linking a person to a particular location or object.

Answer 7

DNA evidence involves the analysis of genetic material (such as blood, hair, skin cells, or bodily fluids) to link a suspect or victim to a crime scene. DNA is unique to each individual (except identical twins), making it a powerful tool for identification in criminal investigations.

Answer 8

Crime scene evidence includes any physical items or materials collected from the location where a crime occurred. This can include objects like weapons, bloodstains, fingerprints, or fibers, which can provide clues about what happened and who was involved.

Answer 9

ss365 – 373 s365: "A police officer may, without warrant, arrest a person whom the officer reasonably suspects has committed or is committing an indictable offence." s367: "A police officer who arrests a person must, as soon as is reasonably practicable, inform the person of the reason for the arrest." s373: "A person who is detained must be given the opportunity to contact a friend, relative, or lawyer and must be treated with humanity and with respect for the inherent dignity of the person."

Answer 10

ss150 – 163 s150: "A police officer may apply for a search warrant in relation to a place if the officer reasonably suspects that there is at the place evidence of the commission of an offense." s152: "A search of a place under a warrant or otherwise with the consent of the occupier must be conducted with due regard to decency and order." s158: "A police officer may enter and search a place without a warrant if the officer reasonably suspects that there is a risk to the safety of a person that requires immediate action."

Answer 11

ss29 – 30 s29: "A police officer may stop and detain a person whom the officer reasonably suspects may be in possession of evidence of an offence." s30: "A police officer may conduct a strip search of a person only if the search is necessary and if conducted in a private area, by an officer of the same sex as the person being searched."

Answer 12

ss40 – 41A s40: "A police officer may require a person to state the person’s name and address if the officer reasonably suspects the person has committed an offence or may be able to assist in the investigation of an indictable offence." s41A: "A person commits an offence if the person, when required to state the person’s name and address, gives a false name or address."

Answer 13

ss53BA – 53BN s53BA: "An event is considered out-of-control if it involves 12 or more persons, and 3 or more engage in conduct that causes or is likely to cause someone to fear for their safety, or to damage property." s53BN: "A police officer may enter a place without a warrant to stop an out-of-control event and take any necessary action to restore order."

Answer 14

ss44 – 49 s44: "A police officer may give a person or group of persons a direction to move on from a public place if the officer reasonably believes the person or group’s behavior is disrupting public order." s49: "A person must comply with a direction given by a police officer under this division."

Answer 15

R v Watson [2017]: The defendant was found in possession of illegal drugs and a taser in their pocket after police conducted a search of the person. The defendant tried to argue it was unlawful but was unsuccessful

Answer 16

R v. McGarry (2001): The defendant was arrested by police on suspicion of drug trafficking. The defendant tried to argue it was unlawful but was unsuccessful

Answer 17

Case: R v Button [2001] QCA 133 Details: Crime: The offender was involved in a serious assault. Method: DNA evidence from the crime scene was matched with the suspect's DNA. Outcome: The match provided crucial evidence that led to the conviction of the offender.

Answer 18

Case Study: R v. Smith 2015 Details: Crime: Armed Robbery Method: Witnesses provided oral evidence identifying John Smith as the robber during a convenience store heist, describing his appearance and actions. Outcome: Smith was found guilty based on the testimonies and sentenced to 10 years in prison.