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PPP149 Flashcards

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1
Q

Crimes Act 1900 (NSW) s 93IA
s 93IA Definitions
What constitutes a knife?

A

A knife includes:
* A knife blade, or
* A razor blade

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2
Q

Section 93IB(2) of the Crimes Act 1900 (NSW) provides a defence to ‘Custody of knife in public place or school’ if the accused proves that they had a reasonable excuse.

A
  • The lawful pursuit of the person’s occupation, education or training
  • The preparation or consumption of food or drink
  • Participation in a lawful entertainment, recreation or sport
  • The exhibition of knives for retail or other trade purposes
  • An organised exhibition by knife collectors
  • The wearing of an official uniform
  • Genuine religious purposes, or
  • The issue of carrying a knife for religious purposes relates to recognised religions. The Sikh kirpan ceremonial dagger is one of the few religious knives allowed
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3
Q

Summary Offences Act 1988 (NSW) s 11D(1)

A

Summary Offences Act 1988 (NSW) s 11D(1)
s 11D Parents who allow children to carry knives

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4
Q

Crimes Act 1900 (NSW) s 93IC

A

Crimes Act 1900 (NSW) s 93IC
s 93IC Using or carrying knives in a public place or school

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5
Q

Summary Offences Act 1988 (NSW) s 11F(1)

A

Summary Offences Act 1988 (NSW) s 11F(1)
s 11F Sale of knives to children

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6
Q

Summary Offences Act 1988 (NSW) s 11B(3)

A

Summary Offences Act 1988 (NSW) s 11B(3)
s 11B Custody of offensive implement

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7
Q

There are two terms that should always be considered when discussing options for commencing legal proceedings:

A
  • Arrest is a last resort
  • Least restrictive form of sanction
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8
Q

The options for commencing legal proceedings are listed here, (generally) in order from least to most restrictive.

A
  1. No formal action
  2. Warning

o Note: these first two options are not really commencing legal proceedings but rather a discretional option for police in dealing with matters, and for ease of your learning are included as an option for commencing legal proceedings.
3. Cautions (e.g., Young Offenders Act and Cannabis Cautioning Scheme)
4. Penalty Notices (e.g., CINS, TINS, PINS)
5. Field Court Attendance Notices
6. Future Service Court Attendance Notices
7. Arrest and Charge (convey to the nearest police station for creation and issue of Court Attendance Notice) and bail undertaking

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9
Q

The Legal Ranges for Prescribed Concentration of Alcohol offences

A
  • Novice Range
    0.001 - 0.019
  • Special Range
    0.020 - 0.049
  • Low Range
    0.050 - 0.079
  • Middle Range
    0.080 - 0.149
  • High Range
    0.150 or higher.
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10
Q

Novice Range PCA (0.001 - 0.019)

A

Novice Range PCA (0.001 - 0.019)
* Learner licence holders
* Provisional P1 and P2 licence holders
* Unlicenced drivers who have NEVER held a licence of any kind in NSW or any State or Territory of Australia

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11
Q

Special Range PCA (0.020 - 0.049)

A
  • A driver whose licence has been refused, cancelled, disqualified, suspended, or expired (more than 6 months)
  • A driver of a public passenger vehicle (bus, taxi, uber)
  • A driver of a coach (seats 8+ persons for hire/reward)
  • A driver of a heavy motor vehicle (weighing in excess of 13.9T)
  • A driver of a vehicle carrying dangerous goods (must display warning signs)
  • A driver of a vehicle carrying a radioactive substance
  • Supervisor of Special Category driver (someone learning to drive a vehicle as mentioned above, e.g; heavy motor vehicle. If in doubt, imagine the supervisor in the driver’s seat)
  • Unlicenced - inappropriate licence (e.g.: driving a m/vehicle with a ‘C’ class licence when one requires an ‘LR’ class licence or above).
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12
Q

Dynamics of domestic violence

A
  • physical violence
  • sexual violence
  • threats and intimidation
  • emotional/psychological abuse
  • social abuse
  • economic deprivation
  • coercive control
  • using technology to monitor, stalk or control a person’s actions
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13
Q

Phases of the Cycle of Violence?

A

Build-up
Stand-over
Explosion
Remorse
Pursuit
Honeymoon

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14
Q

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 5
s 5 Meaning of “domestic relationship”

A
  • Married to or has been, or
  • De facto or has been, or
  • Has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
  • Is living or has lived in the same household as the other person, or
  • Is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 (NSW) or a detention centre within the meaning of the Children (Detention Centres) Act 1987 (NSW)
  • Has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person (subject to Section 5A), or
  • Is or has been a relative of the other person, or
  • In the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture
  • Two persons also have a domestic relationship with each other for the purposes of this Act if they have both had a domestic relationship of a kind set out in subsection (1) (a), (b) or (c) with the same person
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15
Q

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 11
s 11 Meaning of “domestic violence offence”

A

Any of the following, committed within a defined domestic relationship:
* A personal violence offence, or
* An offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or
* An offence under the Crimes Act 1900 (NSW) section 54D(1) (intimate partner only)
* An offence, other than a personal violence offence or an offence mentioned in above, in which the conduct that constitutes the offence is domestic abuse

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16
Q

LEPRA (2002) s 82

A

Entry by invitation

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17
Q

Power to enter in emergencies

A

LEPRA (2002) s 9

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18
Q

Powers to enter to arrest or detain someone or execute a warrant

A

LEPRA (2002) s 10

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19
Q

Entry by warrant where entry denied

A

LEPRA (2002) s 83

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20
Q

Powers that may be exercised on entry into premises

A

LEPRA (2002) s 85

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21
Q

IBADGASO

A

I – Intimate images
B – Breach of Apprehended Violence Order
A – All manner of assaults
D – Damage to property
G – Guns
A – Attempts at these things
S – Stalking and Intimidation
O – Other Offence

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22
Q

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 4

A

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 4
s 4 Meaning of “personal violence offence”

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23
Q

Crimes Act 1900 (NSW) s 91P

A

Crimes Act 1900 (NSW) s 91P
s 91P Record intimate image without consent

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24
Q

Crimes Act 1900 (NSW) s 91Q

A

Crimes Act 1900 (NSW) s 91Q
s 91Q Distribute intimate image without consent

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25
Crimes Act 1900 (NSW) s 91R
Crimes Act 1900 (NSW) s 91R s 91R Threaten to record or distribute intimate image
26
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 8
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 8 s 8 Meaning of "stalking"
27
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 8 s 8 Meaning of "stalking"
1) In this Act, stalking includes the following— (a) the following of a person about, (b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity, (b1) the monitoring or tracking of a person’s activities, communications or movements— (i) whether by using technology or in another way, and (ii) whether or not the monitoring or tracking involves contacting or otherwise approaching the person, (c) contacting or otherwise approaching a person using the internet or any other technologically assisted means. (2) For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
28
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 7 s 7 Meaning of "intimidation"
Meaning of “intimidation” (1) For the purposes of this Act, intimidation of a person means— (a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or Example of conduct that may amount to harassment of a person— (1) Intentionally disclosing or threatening to disclose any of the following about a person without the person’s consent, known as “outing”— (a) the person’s sexual orientation, (b) the person’s gender history, (c) that the person has a variation of sex characteristics, (d) that the person lives with HIV, (e) that the person is, or has been, a sex worker.
29
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 s 13 Stalking or intimidation with intent to cause fear of physical or mental harm
30
Stalking and intimidation are two separate offences.
Elements of Stalking and Intimidation * The defendant * Stalks or intimidates * Another person (the victim) * Intending to cause the other person to fear * Physical harm, or mental harm * To the victim themselves, or to a person with whom the victim has a domestic relationship
31
Here are the elements for the offence of abusive behaviour towards current or former intimate partners. (After looking at the definition sections of 54F and 54G we will expand on these elements).
* An adult * Engages in a course of conduct against another that consists of abusive behaviour * Against a current or former intimate partner * The accused intends the course of conduct to coerce or control the other person * A reasonable person would consider the course of conduct would be likely, in all the circumstances, to cause the other person o Fear that violence will be used against them or another, or o A serious adverse impact on their capacity to engage in some or all of the person’s ordinary day to day activities
32
33
34
Elements of abusive behaviour towards current or former intimate partners
* An adult An adult is defined in section 54C as “an individual who is 18 years of age or older.” Anyone under the age of 18 is unable to commit this offence. * Engages in a course of conduct against another that consists of abusive behaviour This refers to ongoing or repeated actions and doesn't include behaviours from before July 2024. The actions can happen in NSW or between NSW and another place and can involve any mix of abusive behaviours.
35
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Section 9 Power of Entry in Emergencies
1) A police officer may enter premises if the police officer believes on reasonable grounds that— (a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or (b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person, or (c) the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry Power of Entry in Emergencies (cont'd) (1A) Before entering premises under subsection (1)(c), the police officer must obtain approval to do so (orally or in writing) from a police officer of or above the rank of Inspector. (2) A police officer who enters premises under this section is to remain on the premises only as long as is reasonably necessary in the circumstances
36
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Section 3:
* any building or other structure intended for occupation as a dwelling and capable of being so occupied, whether or not it has ever been so occupied, and * a vessel or vehicle in or on which any person resides, and * any building or other structure within the same curtilage as a dwelling and occupied with, or the use of which is ancillary to the occupation of, the dwelling.
37
What does imminent mean?
Requiring immediate action or response - if the police do not enter the person’s life may be at risk.
38
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), section 81 Definitions In this Part—
domestic violence offence has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007. occupier of a dwelling means a person immediately entitled to possession of the dwelling.
39
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 68 s 68 Announcement before entry
Where practicable, prior to entry police must: * Make their presence known (ring the doorbell/knock on the door) * Announce their office * State the purpose (lawful reason) for their entry * Allow adequate time for the occupants to comply
40
Law Enforcement (Powers and Responsibilities) Act (LEPRA) 2002 (NSW) s 9 s 9 Power to enter in emergencies
This power relates to the entry of any premises for the purpose of preventing or stopping a breach of peace and is particularly relevant to domestic violence situations.
41
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 10
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 10 s 10 Power to enter to arrest or detain someone or execute warrant
42
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 82
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 82 s 82 Entry by invitation
43
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 83
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 83 s 83 Warrant where entry denied or authority to remain refused
44
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 85
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 85 s 85 Powers that may be exercised on entry into premises
45
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 86
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 86 s 86 Police may enter and search for firearms
46
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 87
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 87 s 87 Search and seizure powers
47
Section 22(1) of the Firearms Act 1996 (NSW)
Section 22(1) of the Firearms Act 1996 (NSW) The Commissioner has the power to suspend a firearms licence if there are potential grounds for revoking it.
48
Section 22(2) of the Firearms Act 1996 (NSW)
Section 22(2) of the Firearms Act 1996 (NSW) requires police to suspend a person's firearms licence if they are involved in a domestic violence offence.
49
Mandatory Suspension: A police officer must suspend a firearms licence if:
1. The licensee is charged with a domestic violence offence (as defined in the Crimes (Domestic and Personal Violence) Act 2007 [NSW]). 2. The officer has reasonable cause to believe the licensee has committed or threatened to commit a domestic violence offence.
50
Firearms Act 1996 (NSW) s 23
Firearms Act 1996 (NSW) s 23 s 23 Suspension of licence on making of interim apprehended violence order
51
ADVOS (Apprehended Domestic Violence Orders) and APVOS (Apprehended Personal Violence Orders)
* AVOs are orders from the court, which place restrictions or prohibitions on one person (the defendant) in order to protect another (the victim, also referred to as the Person In Need Of Protection – PINOP) * A provisional Apprehended Violence Order (AVO) is a temporary order issued by police to provide immediate protection to someone at risk of violence. * Apprehended Domestic Violence Orders (ADVOs) protect people in domestic relationships * Apprehended Personal Violence Orders (APVOs) protect people, not in domestic relationships (for example neighbours, work colleagues) * ADVOs and APVOs fall under the umbrella term of AVOs * AVOs can be either urgent or non-urgent
52
There are four types of AVO:
1. Provisional - obligation to apply: Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 27 2. Interim 3. Non-urgent - obligation to apply: Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 49 4. Final
53
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 49
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 49 s 49 Circumstances in which police must make application for order
54
Duty of Care
Taking all REASONABLE steps to avoid acts or omissions which could be REASONABLY FORESEEN to harm a person/s.
55
* s 21
* s 21 Power to search persons and seize and detain things without warrant
56
* s 28A
s 28A Power to carry search of person in lawful custody after arrest
57
* s 27
s 27 Power to carry out search on arrest
58
* s 32
s 32 Preservation of privacy and dignity during search
59
A Police officer The role of a police officer encompasses four important characteristics.
The role of a police officer encompasses four important characteristics. These are: * Places integrity above all * Upholds the rule of law * Honours public trust * Displays emotional intelligence
60
DVEC (Domestic Violence Evidence in Chief):
DVEC (Domestic Violence Evidence in Chief): This allows police to record video statements from victims right after the incident. These videos can be used as evidence in court.
61
DVSAT (Domestic Violence Safety Assessment Tool):
DVSAT (Domestic Violence Safety Assessment Tool): This helps police assess the risk to the victim and decide on the best way to protect them.
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