Victims Flashcards
Karen (16) is a rear seat passenger in a car being driven at speed by Shane (17 restricted). Shane fails to give way and collides with another vehicle. Following impact, his car spins out of control and crashes through the fence of Johns house close to the intersection. Both are injured and Karen, who wasn’t wearing a seatbelt, is thrown from the vehicle and suffers severe head injuries that will require considerable rehab and medical care. Sam (27) the other driver escapes with minor injuries but his car is written off. Anaru (4) who was riding his tricycle on the footpath is severely frightened. The crash is another in a series of accidents at the intersection and the neighboring community is fearful of further injuries or death.
Identify the victims.
Karen, Sam, John and Anaru and their families
Should a person who is intoxicated at interview be treated as a special consideration witness?
Yes because they may not understand the reason for interview
When must a victim of a S29 offence be advised of their right to be on the Victim Notification System (VNR)?
At first contact with the victim of a S.29 offence
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
Consider their concerns, assess their reasons, discuss with a supervisor if a visually recorded interview is required.
(If they fear intimidation THEN they become a special consideration witness)
When should an investigator visually record a witness interview?
Whenever the witness is identified as a special consideration witness
(?)
An appropriate support person for a special consideration adult witness should be present in the room during interview when the interviewer
Decides it is in the interests of the witness
The term GBH in relation to an offence of agg. Robbery means
Really serious harm (which includes injury of the mind or disease)
(Example: stab puncturing a VITAL organ. If only the tissue was cut, then it is instead considered an injury)
The term injures is
Actual bodily harm
(Can also include impaired state of mind affecting their daily routine identifiable as a clinical condition. It does not include fear and distress)
The purpose of the VNR is to
Ensure the victim is notified about the offenders status and location so that the victims safety can be managed
Being on the VNR means the victim will notified by….
By the agency where the offender is being held of any changes to the offenders circumstances and custody conditions
An immediate statement taken in circumstances where you believe the victim may die
May be admissible if it’s not signed
Hearsay evidence
