Law Phase 1 Exam 2

Front 1

Theft - Definition

Back 1

Person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Front 2

Points of Proof - Theft

Back 2

Identity

Dishonestly

Appropriates

Propery

Belonging to another

Intention to permanently deprive

Onus is on prosecution to prove beyond reasonable doubt

Must also prove that each of the three elements existed at the same time:

-acted dishonestly

-appropriated property belonging to another

-intention of permanently depriving

Front 3

Dishonestly

Back 3

Related to the state of mind of the person who does the act which amounts to appropriation.

Whether a person is dishonest or not is decided by jury or magistrate

Front 4

Appropriated Property Belonging to Another

Back 4

Accused will have 'appropriated' property if they:

-assume rights of the owner

E.g. person takes bike from outside supermarket, rides it home and puts it in their garage.

-Adversely interfere or usurp the owners rights in some way

E.g.. Person signs for a parcel, not addressed to them, when delivered by a courier.

E.g.. if a person tries to pay once caught, theft has still been committed.

Front 5

Things in Action

Back 5

Right to obtain property by legal action, not by taking property. Money owed, shares, bank account etc.

To be a subject of theft, property must have two things:

-an owner

-value: whether monetary, sentimental or personal

Front 6

Belonging to Another

Back 6

Possession or control of it or has proprietary right or interest in it.

E.g.. car is stolen from male who borrowed his dad's car. Son had possession or control and in this instance is the owner.

Front 7

Jurisdiction - Distribution of Intimate Image

Back 7

Summary offence heard in Magistrates Court

Front 8

Power of Arrest - Distribution of Intimate Image

Back 8

458

Front 9

Volatile Substances

Back 9

Emits fumes that can be inhaled for immediate effects. Not an offence. Where person is less than 18, the intention of DPCSA is for members to be aware of health interests of young people.

NO power to demand name and address of a young person as there is no criminal offence.

Front 10

Obtain Brief Details

Back 10

-if victim is safe

- have any injuries been sustained

-victims name, current location, contact number

-brief outline of incident, including time and place

-number of offenders

-name/s if known and description of offenders

-direction and means of departure of offenders

-weapons, threats

-victims residential address, phone numbers

- if victim has attended police station to report sexual crime, take victim to seoerate private office

Front 11

Possession - Definition

Back 11

Substance is in possession of a person so long as it is upon any land or premises occupied by him or is used, enjoyed, controlled by him in any place whatsoever.

Front 12

Defences - Theft

Back 12

3 occassions:

-a belief they had, in law, a right to deprive the other of it, on behalf of themselves or a third person

-belief they would have the consent of the other person to take property in the circumstances

-belief owner could not be located by taking reasonable steps. This occurs mainly where appropriation is by finding.

Person does not need to take reasonable steps. It is 'the belief' they have that owner could not be located

Front 13

Distribute - definitions

Back 13

-Publish, exhibit, communicate, send, supply or transmit to any other person, whether to a particular person or not

-Make available for access by any other person, whether by a particular person or not

Front 14

Motor vehicles include:

Back 14

-Vessel, whether or not vessel is powered by motor.

-'Vessel' includes all types of water craft, including jet skis and things towed by water craft.

-Aircraft includes seaplanes, whilst on the water.

Front 15

Defence to Sexual Exposure

Back 15

At the time of sexual exposure, A was under a mistaken but honest and reasonable belief that the exposure was not in, or within the view of, a public place.

Onus is on prosecution.

Not a defence that at the time of conduct, A was under a mistaken but honest and reasonable belief that the exposure was not sexual

Front 16

Threat to Distribute Intimate Image

Back 16

A person (A) commits an offence if:

-A makes a threat to another person (B) to distribute an image of B or of another person C

-the distribution of the image would be contrary to community standards of acceptable conduct

-A intends that B will believe, or believes that B will probably believe, that A will carry out the threat

Front 17

THINK

Back 17

Timing and Forensic Issues - How long ago did the alleged offence take place?

Hospital - Does the victim need immediate medical attention?

Incident - What sites on the victims body require examination?

Not able to consent - Who will provide consent to the examination?

Know your victim - Have you spoken to the victim and where are they now?

Front 18

Sexual Exposure

Back 18

A person (A) commits an offence* if:

-A exposes (to any extent A's genitals; and

-A intends to expose (to any extent) A's genitals; and

-the exposure is sexual; and

-the exposure is in, or is within the view of, a public place

Not necessary for accused to commit offence in a public place. Will suffice if exposure occurs within view of a public place

Front 19

Traffick Drug of Dependence

Back 19

Section 71 to 71AC. 4 offences. Type of trafficking offence is determined by quantity of drug trafficked or if trafficked to a child. All indictable. Weight of drug will determine which court it's heard in.

Most common is in Section 71AC - lower level trafficking. IOTS

Front 20

Intimate image - definition

Back 20

A moving or still image that depicts:

-a person engaged in sexual activity

-a person in a manner or context that is sexual

-the genital or anal region of a person, whether bare or covered by underwear, or breasts.

Front 21

Use of Drug of Dependence

Back 21

Section 75. Summary offence, statute of limitations of 3 years.

Front 22

Recent sexual crime

Back 22

Deemed to have occurred when 72 hours or less has transpired between incident and report to police. Sexual crime outside of 72 hours deemed historical sexual assault.

Centre Against Sexual Assault (CASA)

Front 23

Jurisdiction - Shopsteal

Back 23

Theft is IOTS if value of property stolen does not exceed $100,000. Maximum penalty is 10 years.

Front 24

Police response to reports of sexual crime

Back 24

Priority is the victims physical and emotional welfare.

Police sensitivity to victims will:

-help victim to recover

-assist in gathering evidence

-encourage victim co-operation with investigations and their willing involvement

Front 25

What is a sexual crime?

Back 25

Refers to a broad range of sexual behaviours that make the victim feel uncomfortable, frightened, or threatened and can include touching, kissing, being made to look at or pose for pornographic photos, voyeurism, exhibitionism, sexual harassment, rape, incest, stalking.

Sexual crime committed within a current or ex-intimate partner relationship or family/family-like relationship is defined as 'family violence'

Front 26

Sexting

Back 26

Sending sexually explicit messages, photos of video via mobile phone, computer or any digital device.

Front 27

Cultivate - definition

Back 27

In relation to narcotic plant, anything that helps it grow and includes sow a seed, grow, tend, nature or harvest, graft, divide, transplant

Front 28

Community standards of Acceptable Conduct

Back 28

-nature and content of the image

-circumstances in which image was captured

-circumstances which image was distributed

-age, intellectual capacity, vulnerability, or other relevant circumstances of a person depicted in the image

-the degree to which the distribution of the image affects privacy of a person depicted in the image

Front 29

*A's exposure of A's genitals may be sexual due to:

Back 29

-the fact that A feels or gets sexual arousal or sexual gratification from the exposure; or

-any other aspect of the exposure, including circumstances in which it takes place and whether it is contrary to community standards of acceptable conduct

-A's exposure of A's genitals is not sexual only because it is the genitals that are exposed. The more appropriate charge would be offensive behaviour

Front 30

Victims who do not want further police involvement

Back 30

Sometimes victim may not want to become involved in a Police investigation and may only notify police of the incident. If unwilling to speak directly to SOCIT, police member receiving the notification should try to find out as much information as possible. Encourage victim to seek medical attention and support.

It is essential that the victim is given a degree of ownership and control over the decisions made in relation to the investigation.

Front 31

Jurisdiction - Drug offences

Back 31

All summary offences and IOTS will be heard in Magistrates Court within DPCSA. 4 offences related to trafficking and cultivation that must go to trial.

-Trafficking DOD - Large Commercial Quantity

-Trafficking DOD - Commercial Quantity

-Cultivation of Narcotic Plants - Large Commercial Quantity

-Cultivation of Narcotic Plants - Commercial Quantity

Statute of limitations in relation to use a DOD is three years.

Front 32

Evidence of Recent ("First") Complaint

Back 32

Can be given in relation to all sex crimes including rape, sexual assault and sexual penetration of children.

Normally considered hearsay evidence and would not be admissible, however in sex crimes it may be admissible. Cannot ask leading questions, victim is to give the information freely.

Front 33

Drug of dependence - definition

Back 33

Substance specified in Schedule 11 of the DPCSA. Fresh, dried such as marijuana. Naturally occurring or man made chemical, such as opium or amphetamines.

Front 34

Sexual Activity Directed at Another Person

Back 34

A person (A) commits an offence if:

-A engages in an activity; and

-the activity is sexual; and

-another person (B) sees the activity or part of the activity; and

-A knows that B will see, or will probably see, the activity or part of the activity; and A:

-intends that B will experience fear or distress from seeing the activity of part of the activity; or

-knows that B will experience, or will probably experience, fear or distress from seeing activity or part of

Can be committed anywhere

Front 35

Individuals who face additional barriers when reporting sexual crimes to Police

Back 35

Aboriginal, culturally and linguistically diverse communities, newly arrived refugee, disability, older person; LGBTIQ

Front 36

Theft of Motor Vechicle (TOMV)

Back 36

Points of proof:

-Identity

-Dishonestly

-Appropriates

-Property

-Belonging to another

-Intending to permanently deprive (has to be proved to a different standard with TOMV)

If person takes or in any manner uses motor vehicle, intention was to permanently deprive.

Front 37

Functions of Victoria Police - Sexual crimes

Back 37

4 main functions:

-support and protect victims

-thoroughly investigate all reported incidents

-establish whether a crime has been committed and gather evidence

-identify, apprehend, prosecute offender/s

Front 38

Possess Drug of Dependence

Back 38

Section 73. Indictable offence. Can be IOTS. Most common.

Front 39

Jurisdiction - Sexual Exposure

Back 39

Summary offence heard at Magistrates Court

Front 40

Guidelines for Police who receive the initial report of a Sexual Crime

Back 40

-Listen carefully and be supportive

-Obtain brief details

-Contact relevant police (SOCIT) and emergency units.

-Inform victim about retaining forensic evidence

-Victims who do not want further police involvement

Front 41

Continuity - Drugs

Back 41

Process of proving that the drug you seized is exactly the same drug identified or analysed. You must be able to state the whereabouts of the drug from the time you seized it until analysed.

Front 42

Theft - Shopsteal

Back 42

When theft occurs from a shop, and certain criteria are met, an adult may receive a caution.

3 criteria must be met:

-total retail value of property stolen is less than $100

-circumstances must not involve theft from more than one store

-no aggravating circumstances such as assault, theft by a staff member or by a person whose employment causes caution to be inappropriate (e.g.. police officer).

Front 43

Arrest Powers - Drug Offences

Back 43

458 and 459

Front 44

Who is onus on to prove TOMV?

Back 44

Prosecution

Front 45

DPCSA

Back 45

Drugs, Poisons and Controlled Substances Act

Front 46

Power to Search - DPCSA

Back 46

Section 82.

Police Officer has reasonable grounds for suspecting that -

-on/in vechicle in/upon public place;

-on an animal in a public place;

- in possession of a person in public place;

-on/in boat or vessel, underway or not;

-on or in an aircraft--

There is a DOD/psychoactive substance in respect of which an offence has been committed or is REASONABLY SUSPECTED to have been committed , the police officer may with such assistance as he thinks necessary--

-search the vehicle, animal, person, boat, vessel or aircraft;

-sieze and carry away any instrument device or substance which he reasonably believes to be used or capable of being used for in manufacture, sale, preparation for manufacture/sale, or use any DOD;

-size and carry away DOD--

and deal with it according to law

Front 47

Traffick - definifion

Back 47

Prepare a DOD for trafficking, manufacture a DOD or sell, exchange, agree to sell, offer for sake or have in possession for sale, a DOD.

Front 48

Power to Search - DPCSA (cont...)

Back 48

Section 82 has a dual power. Power to Search and power to detain.

Front 49

Volatile Substance - definition

Back 49

Plastic solvent, adhesive cement, cleaning agent, glue, dope, nail polish remover, lighter fluid, gasoline, petroleum, aerosol propellant etc

Front 50

Defences or Exceptions - Distribution of Intimate Image

Back 50

This does not apply to person A if:

-B is 18 years or older

-B had expressly or impliedly consented, or could reasonably be considered to have expressly or impliedly consented to

-the distribution of the intimate image

-the manner in which the intimate image was distributed

Front 51

Handling and Seizing Drugs

Back 51

-wear gloves and face masks at all times

-secure powders, pills, tablets and dried cannabis in Tamper Evident Audit Bags (TEAB)

-fresh or wet cannabis plants should be stored in paper bags or Hessian bags only

-different types of drugs should be separated

-syringes should be placed in sharps containers

-DO NOT inhale, directly touch and taste any substance

Front 52

Power of Arrest - Sexual Activity Directed at Another Person

Back 52

459

Front 53

Jurisdiction - Sexual Activity Directed at Another Person

Back 53

Indictable (IOTS)

Front 54

Cultivation of Narcotic Plants

Back 54

3 offences. Determined by weight or number of plants. All indictable offences, weight/number will determine which court it's heard in. Low level cannabis cultivation is IOTS

Front 55

Distribution of Intimate Image

Back 55

A person(A) commits an offence if:

-A intentionally distributes an intimate image of another person(B) to a person other than B

-the distribution of the image is contrary to community standards of acceptable conduct.

Front 56

Power of Arrest - shopsteal

Back 56

Section 459