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56 Cards in this Set
- Front
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Theft - Definition |
Person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. |
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Points of Proof - Theft |
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 |
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Dishonestly |
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 |
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Appropriated Property Belonging to Another |
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. |
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Things in Action |
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 |
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Belonging to Another |
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. |
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Jurisdiction - Distribution of Intimate Image |
Summary offence heard in Magistrates Court |
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Power of Arrest - Distribution of Intimate Image |
458 |
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Volatile Substances |
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. |
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Obtain Brief Details |
-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 |
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Possession - Definition |
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. |
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Defences - Theft |
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 |
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Distribute - definitions |
-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 |
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Motor vehicles include: |
-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. |
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Defence to Sexual Exposure |
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 |
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Threat to Distribute Intimate Image |
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 |
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THINK |
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? |
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Sexual Exposure |
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 |
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Traffick Drug of Dependence |
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 |
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Intimate image - definition |
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. |
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Use of Drug of Dependence |
Section 75. Summary offence, statute of limitations of 3 years. |
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Recent sexual crime |
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) |
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Jurisdiction - Shopsteal |
Theft is IOTS if value of property stolen does not exceed $100,000. Maximum penalty is 10 years. |
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Police response to reports of sexual crime |
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 |
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What is a sexual crime? |
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' |
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Sexting |
Sending sexually explicit messages, photos of video via mobile phone, computer or any digital device. |
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Cultivate - definition |
In relation to narcotic plant, anything that helps it grow and includes sow a seed, grow, tend, nature or harvest, graft, divide, transplant |
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Community standards of Acceptable Conduct |
-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 |
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*A's exposure of A's genitals may be sexual due to: |
-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 |
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Victims who do not want further police involvement |
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. |
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Jurisdiction - Drug offences |
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. |
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Evidence of Recent ("First") Complaint |
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. |
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Drug of dependence - definition |
Substance specified in Schedule 11 of the DPCSA. Fresh, dried such as marijuana. Naturally occurring or man made chemical, such as opium or amphetamines. |
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Sexual Activity Directed at Another Person |
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 |
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Individuals who face additional barriers when reporting sexual crimes to Police |
Aboriginal, culturally and linguistically diverse communities, newly arrived refugee, disability, older person; LGBTIQ |
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Theft of Motor Vechicle (TOMV) |
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. |
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Functions of Victoria Police - Sexual crimes |
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 |
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Possess Drug of Dependence |
Section 73. Indictable offence. Can be IOTS. Most common. |
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Jurisdiction - Sexual Exposure |
Summary offence heard at Magistrates Court |
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Guidelines for Police who receive the initial report of a Sexual Crime |
-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 |
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Continuity - Drugs |
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. |
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Theft - Shopsteal |
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). |
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Arrest Powers - Drug Offences |
458 and 459 |
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Who is onus on to prove TOMV? |
Prosecution |
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DPCSA |
Drugs, Poisons and Controlled Substances Act |
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Power to Search - DPCSA |
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 |
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Traffick - definifion |
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. |
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Power to Search - DPCSA (cont...) |
Section 82 has a dual power. Power to Search and power to detain. |
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Volatile Substance - definition |
Plastic solvent, adhesive cement, cleaning agent, glue, dope, nail polish remover, lighter fluid, gasoline, petroleum, aerosol propellant etc |
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Defences or Exceptions - Distribution of Intimate Image |
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 |
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Handling and Seizing Drugs |
-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 |
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Power of Arrest - Sexual Activity Directed at Another Person |
459 |
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Jurisdiction - Sexual Activity Directed at Another Person |
Indictable (IOTS) |
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Cultivation of Narcotic Plants |
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 |
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Distribution of Intimate Image |
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. |
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Power of Arrest - shopsteal |
Section 459 |
