Crime and society
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What factors contribute to excessive alcohol consumption?
The contribution factors for excessive alcohol consumption would be:.. Wide spread availability,...... Its a way of life,....... Most commonly used drug within the community.
Definition of liquor?
A) Beverage which at 20 degrees contains more then 1.15% ethanol by volume..... B) Anything that is not a beverage referred to in paragraph A but for the purpose of sale is held out to be beer or spirits.... C) Any other substance prescribed by the regulations by liquor.
What power does SECT 11(2) of SOA 1988 give police?
Gives the powers regarding the seizure and return of confiscated liquor from minors....... OPEN CONTAINERS - may be poured out,..... UNOPENED CONTAINERS - confiscated if quantity is a reasonable amount to confiscate...... advise the child that the liquor will be at the police station, liquor will be kept for at least 24 hrs, a claim may be made for return of liquor by a responsible adult, issue a receipt.
what does SECT 11(5) SOA state?
The person may not be arrested under this section...... EXCEPT if it is necessary for the purpose of administration a caution by a police officer in relation to the offence.
S. 11(5A) SOA Police officer reasonably suspects a person has committed offences under subsection (1) may require that person;
A) state his/her full name, and address and B) to produce then, or at a police station within a reasonable tim, documentary evidence that might reasonably be accepted as applying to the person and proving the person is at least 18 years of age.
What can minors not do at licenced premises under S.118(1)?
a) consume liquor on licenced premises,.. b) consume liquor on the premises of an unlicensed restaurant UNLESS in company of parents and with the permission of his/her parents or guardian,... c) Obtain, or attempt to obtain liquor for consumption on a licenced premises, or..... d)carry away, or attempt to carry liquor away, from licenced premises UNLESS minor was ordered or requested by another person to carry the liquor away from the licenced premises.
S.128 of the liquor act gives police the power to do what?
Police officer who reasonably suspects of being a minor and is committing an offence under liquor act, require a person to....... State their, full name, residential address, Date of birth and to produce then, or at police station within a reasonable time, an evidence of age document for the person.
S.129 LIQUOR ACT a minor is committing an offence if?
They use an age document in order to gain entry, remain in, or obtain liquor from, licenced premises. they are guilty of an offence if the document is false in a material particular in relation to the minor
what is the definition of Intoxication?
A person is Intoxicated if.. a) the person's speech, balance, co-ordination or behaviour is noticeably affected, and b) it is reasonable in the circumstances to believe that affected speech, balance, co-ordination or behaviour is the result of consumption of liquor.
Under S.77(2)(a) of the liquor act police have the power to do what?
Turn out of a licenced premises any person who is at the time; Intoxicated, violent, quarrelsome or disorderly
What should you do if you have identified an intoxicated patron in licenced premises?
Make observations of their behaviour, seek a person with authority of the premises to attend location get them to look at the person ask their opinion, patron should be asked to leave by staff or security (assist if necessary), inform the person of authority that the matter will be reported, create a COPS event send to licensing police, notes in notebook and a penalty notice issued after consultation with licensing police.
S.206 of LEPRA gives the police the power to?
Detain an intoxicated person who is; behaving in a manner, or..... in a manner likely to cause..... injury to another person or to the person, or damage to property, or....... In need of physical protection because the person is intoxicated...... Police can not detain a person under this section as a result of their behaviour constituting an offence.
S. 208(1) gives the power for police to?
search a detained intoxicated person and take possession of their belongings....... When the person ceases to be detained, they are entitled the return of their personal belongings.
What must occur for possession to happen?
There must be knowledge + control. Knowledge must have two parts; > They knew of the existence of an item. > Knew the likely nature of the item. Control can be put into 3 categories. > Exclusive control > Joint control > De - facto control
What are the proofs of Possession of a prohibited drug?
> The accused > Had in his/her possession > A prohibited drug.
What are the 3 drug categories?
> Stimulants ( Ecstasy) > Depressants ( Cannabis) > Hallucinogens ( LSD)
Describe what section 4 means from the DM & T Act?
It means of a drug is mixed with another substance, the weight of the prohibited drug is the combined weight of the drug and the other substance DRUG + SUBSTANCE = WEIGHT OF DRUG
What are the Proofs of possession of equipment to administer a prohibited drug?
> the accused > had in his/her possession > Any item of equipment for use in the administration of a prohibited drug>>>>>>>> IMPORANT Must be able to prove FUTURE use of the item. Proving PAST or PRESENT is NOT sufficient
U - 15 gr or under >> S - sufficient evidence exists. >> C - Consent to caution ( Sign Caution).>>A – Admits to offence. >>>N – No other offences involved for which a brief needs to be submitted. >>C – Cannot request / demand. >>A – Appropriate in the circumstances. >>U – Use is for personal. >>T – Two cautions maximum. >>I – Identification is confirmed O – Over 18 years of age. >>>No priors drugs ( other then 1st caution ) or violence
What does S.21(1) (d) say?
The person has in his/ her possession or under his control, in contravention of the DM&T Act 1985 a prohibited plant or a prohibited drug. >>>>> Remember D is for Drugs
What does the SHIT principal stand for?
> Situation > History > Intelligence > Time
Summaries both S.21 and S.36?
> police officer > stop searches and detains > Suspects on reasonable grounds > Person s.21 (1)(d) > Vehicle s.36 (1)(e) > Seize > Persons s.21(2) (d) > Vehicle 36 (3) (d) > prohibited plant or a prohibited drug.
what are the 3 Harm minimisation strategies for drugs?
> Supply reduction > Demand reduction > Harm reduction
What does self administer cover?
> Ingestion > Inhalation > Injection > Smoking > Inhalation of the fumes caused by heating....... In other words any possible way of getting the drug into the human body.
What is the definition of supply?
Process of passing an item or object from one person to another.
What is knowingly taking part?
financial, provide premises, participating any step of the process.
What are trafficable amounts?
> 300g Cannabis> 3g powder> 3 tablets
what does section 29 deem supply state?
A person who has in their possession an amount of a prohibited drug which is not less than the traffickable quantity shall be deemed to have it in their possession for supply.
section 40 of DM&T effect of certain representations states what?
when a substance that is not a prohibited drug is a represented as being as being a prohibited drug for the purpose of being supplied it shall be deemed by the DMT to have been the prohibited drug it was purported to be.NOTE: This is only for supply.. Does not include possession.
what does prohibited plants offences S.23 include?
> cultivates or KTPI cultivation, or > Supplies or KTPI the supply of a prohibited plant, or > Has a prohibited plant in his or her possession, is guilty of an offence.
What is a classified as a prohibited plant?
If it has: Roots, stem ,soil , still living, still growing.
What does cultivating a Prohibited plant mean?
Sow or scatter the seed produced by the prohibited plant and plant, grow, tend, nurture or harvest the prohibited plant.
What is the definition if Assault?
Any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence
What is the definition of battery ?
The actual infliction of unlawful force on another. EG striking, kicking, stabbing.
For it to be assault what must happen?
Generally, words alone cannot constitute an assault, there must be an apprehension of IMMEDIATE physical violence, usually caused by some act of the accused.
What can assault include?
An unlawful arrest > Excessive force > pointing an unloaded fire arm or toy pistol ( if the victim believes it to be a pistol) > using a dog as a weapon > Non - consenting kiss > Spitting on a person > striking a horse causing the rider to fall
What are the legal defences to assault? ( BASHSMACK)
Blood - Arrest - Self defence, or another ( family) - Home/ Property defence - Sport - Medical - Accident - Consent - Kids
What are the proofs for Sect 546 C resist/ hinder police arrest?
> Accused > Resists or hinders > incites another to assault, resist or hinder > a member of the Police force > in the execution of his/her duties
What are the 4 circumstances an avo should be made in accordance with section 49 Crimes ( D & PV) ACT ( non URGENT)?
- Stalking and intimidation offences
- Domestic Violence offences
- Child Abuse
- Proceedings have commenced for above ofences
Section 27 Crimes ( D and PV) act gives provisions for when a AVO should be made ( URGENT ) what are they?
- Domestic violence
- Stalking and intimidation offences
- Child abuse
- Proceedings have commenced for above offences
- AND police have good reason to believe an order needs to be made immediately to ensure safety and protection
What are the 3 circumstances that police don't make an AVO?
- AVO is already out
- Person over 16 intends to make application
- Good reason not to apply
Explain Section 227 of the C & YP ( care and protection ) ACT?
- > Person intentionally takes action resulting in or appears likely to result in
- Physical vinjury or sexual abuse, or
- Emotional or psychological harm, or
- Physical development or health being significantly harmed.
What does Section 89 of Crimes ( D & PV) ACT allow you to do when making an order?
- Direct the person to remain for application and services
- Detain at the scene, or
- Arrest and take back to station
What does section 90 of the Crimes ( D & PV ) ACT allow you to do when there is an exsiting Order?
- Direct to remain where they are to serve copy of order or variation
- Detain at the scen
- Arrest and take back to station
Who can apply for Orders?
- Police officers
- Persons in need of protection ( PINOP)
- PINOP > 16 < 18 can apply
- PINOP < 16 only Police
What does section 13A of LEPRA give you the power to do?
Demand the I.D of a person Suspected on reasonable grounds to be subject to an AVO
Explain Section 14 of Crimes (D&PV) ACT?
- Person knowingly contravenes an AVO
- Must have been served on the person
- or have been present in court when order made.
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