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30 Cards in this Set
- Front
- Back
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List the drug offences. |
Use drug of dependence Possess drug of dependence Introduce drug of dependence Traffick drug of dependence Cultivation of narcotic plants |
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What offence is use drug of dependence? |
Summary |
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What offence is possess drug of dependence? |
Indictable |
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What offence is introduce drug of dependence? |
Summary |
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What offence is traffick drug of dependence? |
Indictable |
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What offence is cultivation? |
Indictable but can be heard summarily |
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What does s.82 DPCSA allow you to search? |
Person, animal, vehicle in a public place. Vessel or aircraft anywhere. |
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When is the drug diversion program appropriate to use? |
Where a person is found using or in possession of a small quantity of drugs and They are for personal use and There are no other offences involved. |
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When can a cannabis caution be used? |
Not more than 50g Personal use only No other drug related offences or priors Must admit offence |
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What is consent? |
Free agreement. |
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What is the legal age of consent? |
16 but increases to 18 if the child is in care, supervision or authority relationship. |
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What is sexual assault? |
Intentionally touching another Touching is sexual No consent No reasonable belief that the person consents |
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What makes an activity sexual? |
The area of the body - genital or anal region, buttocks or breasts if female. |
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What offence is sexual assault? |
Indictable but can be heard summarily |
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What is sexual penetration? |
When someone sexually penetrates another: Introduces a part of their body or an object in to the vagina or anus or introduces their penis in to another’s mouth |
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What offence is sexual penetration? |
Indictable and must go to trial. |
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What is rape? |
The sexual penetration of another without their consent. |
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What offence is rape? |
Indictable and must go to trial. |
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Define injury. |
Physical injury or harm to a person’s mental health. |
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Define serious injury. |
Endangers life Substantial and protracted Destruction of a foetus |
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Define causing injury/serious injury intentionally or recklessly. |
A person who, without lawful excuse, intentionally or recklessly causes injury/serious injury to another. |
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Define threats to kill/inflict serious injury. |
A person, who without lawful excuse, makes to another person a threat to kill/seriously injure on another person Intending that that other person would fear the threat would be carried out or Being reckless as to whether or not that other person would fear the threat would be carried out |
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What are the elements to stalking? |
The accused intentionally engaged in a course of conduct that included particular actions. The accused committed that course with intention of causing physical or mental harm to the victim. Knew that engaging in such conduct would likely cause harm or arouse apprehension or fear. Ought to have know the above would cause such effect. |
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What is conduct endangering a person or life? |
A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of serious injury/death. |
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What is affray? |
A person who threatens unlawful violence and whose conduct would cause a person of reasonable firmness present at the scene to be terrified. |
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What is violent disorder? |
When 6 or more people who are present together use or threaten unlawful violence with a common goal or intention and the conduct taken causes injury to another or damage to property. |
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What are the elements of common law assault? |
The accused applied force to the victims body The application of force was intentional or reckless The application of force was without lawful justification or excuse |
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What is theft? |
A person steals if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. |
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What are the points of proof for theft? |
Identity Dishonestly Appropriates Property Belonging to another Intention to permanently deprive |
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What is obtain property by deception? |
Obtain property by deceiving another. |
