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66 Cards in this Set
- Front
- Back
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Missing persons definition |
Any person reported to police whose whereabouts are unknown and there are fears for the safety or concern for the welfare of that person, including any person from an institution |
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Classifications of missing persons |
Category 1- A suspicious disappearance Unidentified remains Category 2- Suspicious disappearance Longterm missing person(more than 30 days) Unidentified remains( remains unidentified after 3 days) |
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Categories of missing persons who come into custody |
Unidentified living person- young child, elderly persons, person with mental health issues Unidentified deceased body or body parts- any deceased body or body parts coming into custody of police and whose identity is unknown |
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Definition of assault- common law |
Unlawfully assault or beat another person |
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Definition of assault- statutory law |
The direct or indirect application of force by a person to the body of, or to the clothing or equipment worn by another person where the application of force is A) without lawful excuse and; B) with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty- And results in the infliction of any such consequence. |
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What is assault involving the application of force? |
Has 3 elements -the accused applied force to a persons body -the application of force was intentional or reckless and - the application of force was without lawful justification or excuse |
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What is assault not involving the application of force? |
Has 3 elements -the accused committed an act that caused a person to apprehend the immediate application of force to his or her body -the accused intended their actions to cause such apprehension, or was reckless as to the outcome, and - the accused had no lawful justification or excuse for causing a person to apprehend the application of immediate force. |
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What is the definition of injury? |
Section 15 of the crimes act 1958. Injury is defined as A) physical injury- whether temporary or permanent B) harm to mental health-whether temporary or permanent |
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How to prove Intentional assault |
Police must prove, beyond reasonable doubt, that at the time the accused did the acts that caused the victims injury, the accused intended to cause injury to the victim. |
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Reckless assault |
If an accused acted in the knowledge that a particular harmful consequence would probably result from their conduct, but they decided to continue regardless. |
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Offences- common assault |
Any person who unlawfully assaults or beats another person shall be guilty of an offence. Penalty- 15 penalty units or imprisonment for 3 months |
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What is points of proof? |
Elements that must be proven when charging a person with common assault |
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What are the points of proof? |
-Identity -unlawfully assault -another person (victim) |
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Aggravated circumstances- points of proof |
-in company with others -in company with another-by kicking; or -with a weapon or instrument |
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What are the defences to assault? |
CAMELS Consent Amicable Misadventure or accident Execution of the law Lawful correction or chastisement Self defense |
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Camels- consent |
Where consent has been provided freely by a sober, rational person, a defence to assault may arise. |
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Camels- amicable contest |
Generally associated with sporting contests such as football, boxing, wrestling. |
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Camels- misadventure or accident |
May occur in a crowded train or tram when it brakes suddenly, causing a passenger to fall heavily against another person, knocking them down stairs. This would not be an assault as there is no intention to use force or to injure. |
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Camels- execution of the law |
Relates to police officers and relevant authorities. Eg, making a lawful arrest. |
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Camels- lawful correction or chastisement |
When a person is charged with the application of force to a child. |
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Camels- self defence |
A person carries out conduct in self defence if: -the person believes that the conduct is necessary in self defence -the conduct is a reasonable response in the circumstances as the person percieves them |
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Requirements relating to civil action for minor assault |
Providing no sexual assault is alleged -the parties are known to each other -the assault was not witnessed by any other person -the assault did not result in visible injury -there is no breach of the peace -the assault is not the result of a family violence incident |
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What is identity? |
Identity is the first and only point of proof common to all charges. |
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What are the methods of confirming identity? |
EVAHDF Eyewitness identification Voice identification Admissions Handwriting Deoxyribonucleic acid D.N.A Fingerprints |
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What is eyewitness identification? |
Based upon the ability of a witness to identify a person who they saw committing a criminal act and may take place at the time or subsequent to the original observation. |
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Voice identification |
Can be made by witnesses, experts or police |
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Admissions |
A previos statement or representation by a party to a proceeding that is adverse to their interests in the outcome of the proceeding. |
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Handwriting |
Type of expert evidence in which a sample of a persons handwriting is compared with the handwriting in a document about which authorship is disputed |
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What is discretion? |
Involves balancing the need -to enforce the law to it's full extent -to take appropriate action in relation to a person who has broken the law that recognises their individual circumstances and the circumstances of the offence |
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When it is appropriate to exercise discretion? |
VPM provides policy rules to ensure -compliance with legal duties and responsibilities -an appropriate level of accountability -recognition of the human rights of individuals -appropriate and effective enforcement action is taken against persons who break the law |
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What must be considered before undertaking any action against a person? |
-determine whether an offence has been committed -verify the identity of the offender -ensure there is sufficient admissible evidence |
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What must be considered in making the assessment of the action to be taken? |
-Nature, severity and gravity of the offence -Characteristics and circumstances of the offender and victim -any injury, loss or damage resulting from the offence -appropriateness of the action in light of community expectations, effect of deterrence on the offender and of the community in general -requirements that apply to the specific enforcement action. Eg, family violence, drink driving |
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Enforcement action hierarchy |
Least to most severe -Caution/official warning -Infringement notice -Charge and Summons -Charge and bail -Charge and remand |
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what is a Summons (charge and summons) |
Directs the accused to attend the court nearest to either -the place where the offence is alleged to have been committed(first consideration) -the place of residence of the accused |
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charge and bail |
Including but not limited to, any risk the person may be to the community, the need to ensure the appearance of the offender to court and legislative requirements |
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Charge and remand |
The most severe action that can be taken is charging and remanding the accused person |
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Requirements for eligibility caution |
-Offender must admit to the offence -Cannabis caution/drug diversion- offender must consent -children- of or above 10 and parent guardian present. |
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Requirements for eligibility official warnings |
-Offender must admit the offence -Offender must consent to a warning -The victim has been consulted |
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Requirements for eligibility infringement notices |
-Issued for offences listed in the infringement notices codes and penalties guide -Maximum number issued is three -More than 1 issued, must be issued by same police member -Offenders must be spoken to in person(except parking infringements) -Verified address -Not issued to any person under 14 years of age |
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What is bail? |
Bail means an undertaking in writing, signed by an accused or an accused and his surety or sureties, that the accused will attend a hearing, trial or for sentence and surrender themselves into custody. |
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Who is a bail decision maker? |
A court A police officer -of or above the rank of sergeant or for the time being in charge of a police station must without delay consider whether to grant bail to the person in accordance with this act Bail justice The sheriff or a person authorised under section 115(5) of the fines reform act 2014 |
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What are the 3 types of bail? |
-released on own undertaking without any conditions -released on own undertaking with conduct conditions -released with a surety for a specified amount of deposit of money, with or without conduct conditions |
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What must a BDM consider when releasing an accused on bail? |
That the decision will reduce the likelihood that the accused may -endanger the safety of welfare of any person -commit an offence while on bail -interfere with a witness or otherwise obstruct the course of justice in any matter -fail to surrender into custody in accordance with the conditions of bail |
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Examples of bail conditions |
Include: -reporting to a police station -residing at a particular address -imposing a curfew between which times the accused must be at their residential address -not to have any contact with a particular or class of persons -surrender of passport -geographical exclusion zones -not to drive a motor vehicle -not to consume alcohol or use drugs |
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What is a warrant? |
A warrant is a document issued by a legal or government official authorising the police or another body to make an arrest, search premises or carry out some other action relating to the administration of justice. A warrant gives authority for a police officer to carry out the instructions of the court. |
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Who can execute a warrant? |
Any police officer, or protective services officer on duty at a designated place, may arrest and execute a warrant to arrest. |
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What must occur when executing a warrant? |
-Confirm the identity of the subject and that they are in fact the person named in the warrant -explain the contents of the warrant to the person -arrest the person and convey them to the police station to be dealt with in accordance with instructions contained within the warrant |
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Aggravated circumstances |
Where a person is convicted before the magistrates court of an assault or battery upon any Male child whose age in the opinion of the court does not exceed 14 years or upon any female |
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What is willful damage? |
Any person who willfully injures or damages any property (whether private or public) and the damage done being under the value of $5,000 shall be guilty of an offence. |
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What are the willful damage points of proof? |
-identity -wilfully -injures or damage -property -value under $5,000 |
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DNA |
Found in the cells of all living things, including the human body. |
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Fingerprints |
Easiest and simplest way to confirm identity is by taking a set of fingerprints and having them searched against the known database held at Victoria forensic science centre. When an offender is processed, fingerprints are taken and added to the database which are then available to search and match against fingerprints found at the scene of a crime. |
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What is identity as evidence? |
Any evidence sought to be relied upon in court by the prosecutor that a witness has identified the accused as the person who committed the offence or an act connected to the offence. |
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What is identification of physical objects? |
Something used is connection with the crime. An identification parade could be devised to enable a witness to identify -animals -vehicles -premises -firearms -tools or instruments -other physical objects |
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What does wilful mean? |
Wilful means to commit an act which is intentional or is reckless to the consequences of that act |
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What does property mean? |
Property is defined as real or personal property of a tangible nature |
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What does value of damage mean? |
Refers to the amount of damage dont and not the total value amount of the property |
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What is the power of arrest for wilful damage? |
Section 458 of the crimes act |
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Is willful damage a summary offence? |
Yes and it is heard in the magistrates court |
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What is criminal damage? |
When a person intentionally and without lawful excuse, destroys or damages any property belonging to another, or to himself and another. |
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Is criminal damage an indictable offence? |
Yes and a person found guilty is liable to imprisonment for a term of not more than 10 years |
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What are the 4 elements to criminal damage that must be proven beyond reasonable doubt? |
-that the accused damaged or destroyed property -that the property belonged to another or himself and another -that the accused intentionally damaged or destroyed the property, or knew they believed that the damage or destruction was the likely result of their actions -that the accused had no lawful excuse for damaging or destroying the property |
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What is the arrest power for criminal damage? |
Section 459 of the crimes act |
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Is criminal damage an indictable offence? |
Yes |
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When can criminal damage charge be heard and determined in a magistrates court? |
If the value is under $100,000 and the accused and magistrate consent (IOTS) |
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When is a criminal damage charge heard in a county court? |
When the value of the damage is over $100,000. The case must go to trial. |
