Rnzpc 297 - Mcq's

Front 1

Tabulate the 8 steps of the Systematic Approach.

Back 1

Victim

Appreciation

Witness

Scene

Exhibits

Elements

Powers

Offender

Front 2

What is Hearsay Evidence?

Back 2

Hearsay evidence is:

1. The oral or written statement of a person who is not produced as awitness in court;

2. The statement is given to the court by another person, or in a document;

3. The purpose of the evidence is to prove the truth of what has been stated.

Front 3

Hearsay Evidence:

What does C.H.A.N.T stand for?

Back 3

• Contents of the statement

• How the statement was made

• Accuracy of the observation

• Nature of the statement

• Truthfulness of the maker of the statement

Front 4

What is Opinion Evidence?

Back 4

Opinion evidence is an inference from observed facts.

Opinion evidence is generally inadmissible as evidence. This is because a witness is called to state facts; his or her personal opinion is not evidence.

Although the opinion of a non-expert is not usually admissible, there are some exceptions:

• Identification: This is because, when identifying a person, the witness’opinion is about what they have perceived in the past.

• Handwriting: A witness can give evidence to identify a person’s handwriting, as long as they can tell the court they have regularly received written documents from them.

• Mental or physical condition: A witness can give an opinion about their own mental or physical condition, but not the mental or physical condition of others. For example, “I was feeling depressed” would be admissible, but “He appeared to be depressed” would not.

• Age: A witness can give their opinion about a person’s age.

A witness can give expert opinion evidence if they are an expert or skilled by special study or experience in a particular field

Front 5

What is Propensity Evidence?

Back 5

Propensity evidence is evidence about the pastbehavior of a person. Propensity evidence is notgenerally admissible.

Front 6

Hearsay Evidence:

When can Hearsay Evidence be admissible (D.U.N.C.O)?

Back 6

In certain circumstances however, hearsay evidence may be admissible.

Section 18: General admissibility of hearsay

Explanation:A statement can be admissible if the statement is reliable and either:

• the person is unavailable, or

• if it would cause undue expense or delay in obtaining the witness.

Unavailability

D Dead

U Unfit due to age/physical/mental conditionN Not compellable.

C Cannot with reasonable diligence be identified or found

O Outside NZ and it is not reasonably practical to be a witness.− a person who is able to give evidence via video-link is likely to beconsidered available

Front 7

Explain how to apply the "Criminal Analysis Method".

Back 7

You apply the Criminal Analysis Method by determining that all three aspects to an offense exist.

Actus Reus

Mens Rea

Elements

Front 8

Define "Actus Reus"

Back 8

The actus reus is the physical act or effort required to carry out the crime oroffence.

Front 9

Define "Mens Rea"

Back 9

The mens rea is the intent of the offender. It refers to the person’s guiltyknowledge or what was in their mind when they did the actus reus.

Front 10

Describe who is a victim under the Victims’ Rights Act 2002.

Back 10

- A person against whom an offence is committed by another person

- A person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property

Front 11

What is the golden rule in regards to a victim?

Back 11

Treat victims as you would expect to be treated yourself.

Front 12

Explain the purpose of NIA Case Victim Contacts.

Back 12

The NIA Case Victim Contacts file is designed to ensurethat police staff meets the requirements of the VictimsRights Act 2002.

Front 13

Define Post Traumatic Stress Disorder.

Back 13

Post Traumatic Stress Disorder is a serious psychologicaldisorder in which the victim re-experiences the eventssurrounding the event.

Front 14

What are the main symptoms of PTSD?

Back 14

Some of the main symptoms of PTSD are:

− startled response

− disturbed sleep

− guilt

− memory problems

− concentration problems

− flashbacks

− emotional distress

− inability to re-enter normal activity.

Front 15

What does the Doctrine of Precedent mean?

Back 15

In the doctrine of precedent:

• lower courts are required to observe the decisions of highercourts

• courts of equal status are not bound to follow each other’sdecisions.

Front 16

What is the New Zealand Court Structure from highest to lowest and what are their roles?

Back 16

Supreme Court – the highest and final Court.

The Court of Appeal – hears appeals and answers questionsof law from the Courts below it.

The High Court – hears Category 4 offences. It hearsappeals from the District, Youth and Family Courts.Appeals are made to the Court of Appeal.

District Court – hears Category 1-3 offences and can imposemaximum penalties. Appeals are made to the High Court inJudge-alone matters or to the Court of Appeal for Jury Trialmatters.

Front 17

What are the four categories of offences?

Back 17

The four main categories of offences are:

Category 1 – fine only offences.

Category 2 – offences with a term of less than 2 yearsimprisonment and community-based sentences.

Category 3 – offences with a term of imprisonment of 2 yearsor more. Defendant has the right to elect trial by jury.

Category 4 – offences which must be tried by a HighCourt jury. (Murder ect)

Front 18

What is Transferred Malice?

Back 18

Under the doctrine of transferred malice a defendant will be liable for anoffence if he or she has the necessary mens rea and commits the actus reuseven if the victim differs from the one intended.

Front 19

What is Indirect assault?

Back 19

An indirect assault is where force is not applied directly to the victim.

Example:

Beech tried to enter a room containing the victim, a female.In fear for her well-being, she locked the door and refused him entry. Beechthreatened to force the door, which he proceeded to do. In fear, the womanleaped out of the window and severely injured herself. Beech was charged withassault.

Front 20

What is Conditional Assault?

Back 20

The victim is told the assault will not be carried out if he or shecomplies with a condition.

Example:

A threatens to assault B and accompanies the threat with an act or gesture.

ButA says to B: “You won’t be assaulted if you leave the property.”

Front 21

What is Implied Consent?

Back 21

In everyday life, technical assaults are committed through such acts as:

• Touching a person on the shoulder.

• Shaking hands.

• Acts of affection, such as a kiss or a hug.

Front 22

What is meant by MO?

Back 22

Modus Operandi - a particular way or method of doing something.

Front 23

List points to cover when preserving evidence in a burglary.

Back 23

Ensure that you have secured all the evidence.Label all exhibits with the following information: where and when it wasfound, and by whom (your partner may have found it).

Note all the above information on appropriate police documents or in yournotebook.

Draw a sketch of the premises and where the articles were found. This makesan excellent memory aide for later court hearings.

Front 24

When is the offence of robbery complete?

Back 24

All the elements of the offence of theft must be proven in order toprove a robbery.

The intent to steal must exist at the time the violence is used or thethreats are made.

There must violence OR an actual threat of violence by words or conduct - fearalone is not enough.

Front 25

Receiving Stolen Property is complete when:

Back 25

Receives any property or gains possession or control ofthat property or helps in concealing or disposing of thatproperty, Knowing or reckless as to knowing how theproperty was obtained.

Front 26

List the elements of Receiving Stolen Property.

Back 26

Receives

Any property stolen

OR

Any property obtainedby any otherimprisonable offence

Knowing that propertyto have been stolen orso obtained.

OR

Being reckless as towhether the propertyhad been stolen or soobtained

Front 27

What are the two aspects to Guilty knowledge?

Back 27

• Direct evidence.

- You KNOW its stolen

• Circumstantial evidence.

- You are being reckless in receiving the property.

For example; You buy a 50" TV for $50

Front 28

Explain when receiving cannot be committed.

Back 28

When there is no guilty knowledge of theft of the property from the one receiving it.

Front 29

Explain the doctrine of recent possession.

Back 29

If a person is found in possession of property that has recently been stolen,this is sufficient evidence to justify a finding that the possessor is either thethief or a dishonest receiver. The possession is accepted by the courts ascircumstantial evidence that the person either stole the property or received itfrom the thief

Front 30

When a conversion of a vehicle has taken place, what is the difference between the term “taking” and the term “using”?

Back 30

Taking - When the vehicle is taken with no authority whatsoever

Uses - When there was authority but the conditions or authority were exceeded.

Front 31

Conversion of a vehicle (Interferes with) is completewhen:

Back 31

When, any person dishonestly without claim of rightinterferes with any vehicle.

Front 32

Conversion of a vehicle (Getting into or upon) iscomplete when:

Back 32

When, any person dishonestly without claim of right getsinto or upon any vehicle.

Front 33

Conversion of a vehicle (Takes) is complete when:

Back 33

When any person dishonestly without claim of right butnot as to be guilty of theft, takes for any person's purposeany vehicle

Front 34

What is Summery Offences Act 1981Section 11A:

Back 34

Graffiti, vandalism, tagging and or defacing withoutlawful authority and without the consent of the occupieror owner or other person in lawful control.

Front 35

What is Summery Offences Act 1981 Section 11B:

Back 35

Possession without reasonable excuse has possession of athing capable of being used to commit an offence againstsection 11A.

Front 36

What is Summery Offences Act 1981 Section 14A:

Back 36

Sale of spray cans to a person under 18 years of age isprohibited except where the spray can is sold in aneducational institution to its students for school purposesor if fake ID used was a aged document relating to thebuyer and showed them of age.

Front 37

What is Summery Offences Act 1981 Section 14B:

Back 37

Spray cans in shops must be stored in a way that cannotbe accessed by members of the public without the help ofthe occupier.

Front 38

Fights in a public place is complete when:

Back 38

Fighting is, punching, striking, mauling, wrestling etc. between two or more willing participants in a public place.

Front 39

What is a defense for persons charged under Section 32(1) (Urinating in a public place

) of the Summary Offenses Act 1981?

Back 39

Section 32(2) provides a statutory defense that the offender had reasonablegrounds for believing they would not be observed.

Front 40

What is the importance of the time, place and circumstances factor?

Back 40

Time, place and circumstances rule

This rule is the overriding determinant of whether policeintervention is warranted or not.

Front 41

What is Section 3 of the Summary Offenses Act 1981?

Back 41

Disorderly behaviour likely to cause violence

Behaviour that is likely to cause violence to persons orproperty to start or continue

Penalty - 3 months’ imprisonment/$2000 fine

Front 42

What is Section 4(1)(a) of the Summary Offenses Act 1981?

Back 42

Offensive OR Disorderly Behaviour

Behavior that is minor but still warrants the intervention ofthe law.

Penalty - $1000 fine

Front 43

What is Section 5A of the Summary Offenses Act 1981?

Back 43

Disorderly Assembly

Three or more persons assemble in circumstances wherethere is fear on reasonable grounds that violence to person orproperty, or an offence against section 3, is likely. Theoffenders are warned to desist or disperse but fail to.

Can be arrested under 39(1) of the Summary Offenses Act 1981. Must be warned before being arrested.

Front 44

Disorderly behavior likely to cause violence iscomplete when:

Back 44

In a public place or within view of a pubic place, behavesin or incites or encourages any person to behave in a manner that:

Is Riotous:Force or violence likely to cause harm.

Threatens:Displays an intention to punish or to hurt.

Insults:Behavior that insults and seriously annoys

Is Indecent :Not conforming with accepted standards of behavior especially in relation to sexual matters.

Front 45

What is Section 113 of the Land Transport Act 1998?

Back 45

Direct a person on a road to to give their details

Inspect or examine the vehicle

Move the vehicle from a road if it is an obstruction.

Direct the driver or person to remove their car from the road.

Forbid an unlicensed driver to drive a vehicle.

Forbid a person using a transport service vehicle without the proper license

Direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle or animal and prevent any pedestrian from crossing the road.

Front 46

What is the definition of a vehicle?

Back 46

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved and includes:

- A hovercraft

- A skateboard

- In-line Skates/roller blades

Front 47

What is Section 36A of the Land Transport Act 1998?

Back 47

Engagement in unauthorized street racing.

Front 48

What is Section 114 of the Land Transport Act 1998?

Back 48

The power to stop vehicles and demand details from the driver.

A constable can arrest any person without a warrant who:

Fails to stop

Fails to provide details or,

Supplies details that you have good cause to suspect are false

The Constable must:

Wear uniform/cap

Display flashing blue and red lights OR sound a siren.

The Officers has 15 minutes to establish the drivers identification

Front 49

What is Section 316 of the Crimes Act 1961?

Back 49

Upon arresting someone for an offense you MUST advise them of the reason why.

Front 50

What does it mean for burglary if entry is gained through threat or artifice?

Back 50

Using threats of violence to gain entry or use trickery or deception to gain entry.

Front 51

What is Section 115 of the Land Transport Act 1998?

Back 51

Gives the officer power to prohibit (Green Sticker or Pink Sticker) a car from driving on the road.

Front 52

What is Section 116 of the Land Transport Act 1998?

Back 52

Gives an officer the power to arrest without warrant if the person fails to comply with the officers direction under Section 115 and Section 113.

Front 53

What is Section 118 of the Land Transport Act 1998?

Back 53

An officer may require the owner or hirer of any vehicle to provide all information available within 14 days to prove the identity of the driver of the vehicle during an offense.

Front 54

What is Section 118(4) of the Land Transport Act 1998?

Back 54

An officer can require the owner of the vehicle used to flee a police pursuit to immediately give you all the information available to them.

Front 55

What is Section 119 of the Land Transport Act 1998?

Back 55

Power of entry, with good cause to suspect a person has:

Contravened a request, requirement or demand made under section 114 and also committed or is committing an offense against sections 35(1)(a) or 35(1)(b), or has been recently drinking or using drugs or both.

Or has been freshly pursuing that person.

Front 56

What is Section 121 of the Land Transport Act 1998?

Back 56

Gives officers the power to take keys and forbid driving

Forbid that person to drive for a specific time

All Keys must be surrendered

Render the vehicle immobile

Move any vehicle causing an obstruction

E.B.A forbidden to drive 12hrs

Direct any person to drive to a certain place to rest

Front 57

What is Section 90 of the Land Transport Act 1998?

Back 57

If a driver accumulates more than 100 demerits within two years they are to be suspended for 3 months.

Front 58

What is Section 95 of the Land Transport Act 1998?

Back 58

A person's license will be suspended for 28 days if:

EBA over 650 - or 400 if done twice before

Refuses a blood test

Person drove a vehicle 40km or more over the permanent speed limit

Person drove a vehicle 50km or more over the permanent speed limit

Front 59

If a driver fails to comply with anything you have lawfully required of them in this Act, they can be charged under what section in the Land Transport Act?

Back 59

Section 52(1)(c)

(1)A person commits an offence if the person;

(c) fails or refuses to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on him or her under this Act by an enforcement officer or a dangerous goods enforcement officer;

Front 60

What three aspects of Assault determine the severity of the charge?

Back 60

- If a weapon is used

- Intent

- Bodily injury

Front 61

What is Section 96(1)(A) of the Land Transport Act 1998?

Back 61

Using the vehicle in a street race.

Sustaining a loss of traction in a vehicle

Seizing the vehicle for 28 days

Front 62

What is Section 31 of the Land Transport Act 1998?

Back 62

A person commits an offense against this section if they drive with an expired license or without and appropriate driver license.

Also, if they drive contrary to the conditions of their license