Legal stuff

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Author:
Pinchy01
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247022
Filename:
Legal stuff
Updated:
2013-11-16 04:28:01
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Legal stuff
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Legal stuff
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  1. What is the privacy act?
    • guidance for the collection, storage, and use of,
    • information,
    • gathered by organisations,
    • about identifiable, living people (not organisations)

    sets circumstances for when info may or may not be released
  2. Principal 10 of Privacy act?
    • Limits on use of personal info...
    • only for the purpose for which is was originally obtained, unless
    • 1. person has given permission
    • 2. for law enforcement
    • 3. for public health and safety
  3. principal 11 of privacy act?
    • Limits on disclosure of personal info...only for only when
    • 1. to the individual concerned
    • 2. for law enforcement
    • 3. for public health and safety
  4. whats pricipal 10+11 about?
    • 10 = use of info
    • 11 = disclosure
  5. what is official information?
    • info,
    • held by government agencies
  6. what the OIA all about?
    States that official info should be released unless there are good reasons to withhold it
  7. Police reasons for withholding official information?
    • 1. prejudice to law enforcement
    • 2. the protection of sensitive police operational info/intelligence gathering
  8. how does someone request official information?
    in writing to the 'district' commander (of the relevant district)
  9. define theft by taking?
    • dishonestly,
    • w/o right of claim (ROC),
    • taking,
    • any property,
    • with intent to deprive any owner permanently
    • of that property or any interest in that property
  10. explain dishonestly
    w/o belief that there was consent
  11. explain w/o right of claim, ROC
    w/o the belief that the act was lawful
  12. define theft by dealing
    • dishonestly,
    • w/o right of claim ROC,
    • using or dealing,
    • ANY property,
    • with intent to deprive any owner permanently of that property or any interest in that property,
    • after obtaining possession/control of property in any manner
  13. dif between theft by taking and dealing?
    dealing occurs where possession is gained lawfully but then exceed

    by making decisions as though you were the owner
  14. special cases of theft?
    • theft by finding
    • theft by taking advantage of a mistake
  15. CODE FOR THEFT?
    43xx

    • 4320 = ex shop
    • 4340 = ex car

    • 4370 = general
    • 4378 = boat
  16. definition of burglary: Enters
    • enters
    • any building or ship
    • or part of
    • without authority, AND
    • with intent to commit a crime
    • in the building or ship
  17. burgs code
    4120
  18. definition of burglary: having entered
    • having entered
    • any building or ship
    • remains without authority, AND
    • with intent to commit a crime
    • in the building or ship
  19. two types of burglary?
    Burlary: enters v having entered
  20. burglary advice? 4
    • 1. preserving evidence (incl fingerprints)
    • 2. securing premises
    • 3. cleaning (is acceptable)
    • 4. make a list (items taken, keys?)
  21. codes involving cars thievery?
    • 4211 = car conversion
    • 4220 = interference with cars

    2R = vehicle recovery
  22. define car conversion
    • dishonestly
    • without COR
    • but not so as to be guilty of theft
    • takes or converts
    • to his own use or any other person
    • any vehicle
  23. define interference with cars
    attempts to take, OR WHO

    • dishonestly
    • without COR
    • interferes with, OR
    • gets into or upon
    • any vehicle/ship/aircraft
  24. difference between car conversion and interference?
    • conversion = takes
    • interference = attempts to take or interferes with or gets into/upon
  25. define assault
    • the acts of intentionally applying force, OR
    • attempting to apply force
    • to the person of another
    • directly or indirectly, OR
    • threatening by an act or gesture to apply force,
    • If the person making the threat has, or is believed on reasonable grounds, has the ability to effect their purpose
  26. assault codes
    1xxx = violent (force)

    • 1410 = grievous
    • 1510 = serious
    • 1640 = minor
  27. explanation of grievous assaults
    • injuries may be life threatening or
    • result in permanent disability or harm
  28. explanation of serious assault
    • significant injury
    • or
    • aggravating factors
    • eg. assault on children, man on women, weapons
  29. what is the main ingredient to assault and what is the consequence?
    • intentionally applying force
    • means we consent to technical assaults all the time
  30. assault in general
    intending/threatening to apply force, to a person, believed on reasonable grounds
  31. in simple terms, what is a robbery?
    assault + theft
  32. define robbery (1310)
    • Theft
    • accompanied by violence or threats of violence
    • to any person or property
    • used to extort the property stolen, or
    • to prevent or overcome resistance to the property being stolen
  33. explain 'extort the property stolen'
    violence, intimidation or threats used by ofndr to cause the person to hand over property against their will
  34. what is an implied robbery?
    • 'demanding with intent to steal'
    • where there is no violence but the demeanor or appearance was suffice
  35. code for disorder?
    3530
  36. definition of disorder?
    • disorderly behavior or
    • language offences
    • committed in or within view of
    • a public place
  37. whats a public place?
    • any place open to OR
    • being used by,
    • the public

    including buses, vehicles, ships etc carrying passengers for reward or payment
  38. eight types of disorder?
    • riotous (force or violence likely to cause alarm)
    • offensive (arouses feeling of resentment or revulsion)
    • threatening
    • disorderly (annoyance or offending against the values of orderly conduct)
    • insulting
    • fighting
    • urinating/excreting
    • disorderly assembly (3 or more people gathering, causing fear of violence or disorder)
  39. ingredients for Offensive weapons?
    • Something made specifically for causing injury which has no legitimate purpose
    • something altered to cause injury
    • anything, if the intention is to cause injury
  40. ingredients for possession in a public place
    • without lawful authority
    • or reasonable excuse
    • has with him/her
    • in any public place
    • any offensive weapon OR
    • disabling substance
  41. ingredients for possession in any place
    • has in him/her possession
    • in any place
    • any offensive weapon OR 
    • disabling substance
    • in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or threat or fear of violence
  42. possession of a knife?
    • without reasonable excuse
    • has with him/her
    • in any public place
    • a knife (cutting blade)
  43. firearm code
    6820
  44. general definition of firearms possession
    • may carry in public
    • if lawful and reasonable excuse
    • and is the holder of a firearms licence
  45. trespass code and sections
    • 6110
    • three and four
  46. trespass section three
    • trespasses any place AND
    • after being warned to leave
    • by the occupier of that place
    • neglects or refuses to do so
  47. trespasses section four
    • having previously been warned to leave that place by the occupier of that place
    • wilfully trespasses on that place within two years of receiving the warning
  48. what is the statutory defense to trespass
    section three: their own protection, the protection of some other person, an emergency involving their property or the property of some other person

    section four: as above buy includes issuer is no longer the occupier
  49. who can a trespass notice be given to?
    one specific person for one specific address

    • NOT
    • organisations
    • groups
    • multiply properties/address'

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