Law Level 3.txt

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LawTeam2
ID:
71654
Filename:
Law Level 3.txt
Updated:
2011-03-08 17:57:05
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theft burglary possess articles handle stolen goods drugs loiter sex offences
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Revision Law Level 3
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  1. What are the three circumstances in which appropriation of property may not be seen as dishonest?
    The accused believed he:

    had a legal right to deprive the other of the property

    would have had the consent of the other

    the owner could not be located by taking reasonable steps.
  2. A person who has been found convicted of OPBD 3 years ago in Geelong is:

    a) a reputed thief

    b) a known thief

    c) a known thief if the informant has become unavailable

    d) none of the above
    b) a known thief
  3. Handling a stolen car worth $150,000 is heard in the

    a) Magistrates Court

    b) County Court

    c) Supreme Court

    d) a) or b)
    d) a) or b)
  4. A charge of theft where the property was valued at $55,000 is

    a) IOTS

    b) Indictable

    c) Summary
    a) IOTS
  5. What are the points of proof for possess article for burglary, theft or cheat?
    • Identity
    • When not at his place of abode
    • Has with him
    • Any article
    • For use in connection with burglary/theft /cheat
  6. Tim buys a $1,500 flat screen TV at a private club for $150. He

    a) Is not guilty of handling stolen goods as he did not buy them in a public place

    b) Is not guilty of handling if he did not know for sure that the goods were stolen

    c) Is guilty of handling if he received them dishonestly
    c) Is guilty of handling if he received them dishonestly
  7. In order to be property for the purposes of theft, it must have 2 things. What are they?
    An owner
  8. Value (which can be monetary or sentimental)
  9. You arrest an offender who takes a bicycle and throws it away. The appropriate charge is…
    Theft
  10. You arrest an offender who takes a bicycle and returns it. The appropriate charge is…
    Illegally take or use a vehicle
  11. You arrest an offender who takes a motor car and returns it.The appropriate charge is….
    Theft
  12. You arrest an offender who admits he stole a bicycle from outside a shop at Chadstone. You cannot identify the owner. Can you still charge him with theft?
    Yes, the bicycle has an owner, you just don’t know who it is. Charge is theft of bicycle, victim unknown.
  13. A man approaches a woman who is playing with a puppy in her front yard. He asks to buy the puppy. She refuses.
    Later that night he takes the puppy from the back yard and leaves an envelope with $1,200 in it, more than the woman paid for the puppy. Has he committed an offence? If so, why?
    Yes, he is guilty of theft. He has treated the puppy as his own. This is an appropriation. Despite the fact that he was willing to pay he had no legal right to the dog.
  14. In order to prove someone guilty of burglary, must you prove that she forced entry to a building?
    No, if she enters as a trespasser, with the necessary intent, the method of entry is irrelevant.
  15. Ted enters Bob’s house with the intention of giving Bob a heavy beating. Bob is not home and Ted leaves. Has Ted committed an offence?
    Yes, burglary. The burglary is complete as soon as he enters.
  16. Describe the intention a person must have as he enters a building to be guilty of burglary.
    • Intention to steal
    • OR
    • Intention to seriously assault
    • OR
    • Intention to seriously damage the building or property in it.
  17. You intercept a woman in her street and find she has a stolen credit card. She says she found the card and was on her way to use it to buy food. Any offence?
    1) Theft (by finding) of credit card

    2) Possess articles for burglary, theft, cheat. (Not at place of abode, in possession of card intending to use it to cheat.)
  18. You charge an offender with theft of a luxury motor vehicle worth $160,000. In which court can the case be heard?
    County Court OR Magistrates’ Court. TOMV is IOTS even where worth more than $100,000. Can be heard summarily IF Magistrate and offender agree.
  19. Percy was convicted of “sexual penetration of a child under 16” in 2007.

    He drives his car to the local primary school where he sits in the parallel parking bays outside the school and watches the children play at lunch time.

    When questioned he says he likes to sit in the car and eat lunch. The street parking bays are convenient to park. Has he committed an offence?
    Yes, he is a sex offender who is loitering near a school w/o reasonable excuse.
  20. You execute a stolen goods search warrant. You do not find any stolen goods.

    You do find a “breaker’s kit” consisting of lock picks, jemmy bars and bolt cutters.Also present are gloves, tape, two-way radios and assorted car keys. You can prove that all these objects were used in burgs and TOMV.

    Which offences are appropriate?
    • “Possess Housebreaking Implements” re bolt cutters, lock picks, jemmies.
    • The other items are not “implements” and because they were found at the offender’s home “possession of article for burglary theft or cheat” is not available.
  21. Burglary, where the intention is to assault or to damage is:

    a) IOTS

    b) Indictable

    c) Summary

    d) Summary but triable in the County Court
    b) Indictable
  22. Being armed with criminal intent (s.31B Crimes Act)

    a) is a summary offence

    b) is committed where the offender intends to commit an offence and has a weapon

    c) is committed where an offender has a weapon immediately ready for use and intends to commit a summary offence

    d) is committed where an offender intends to commit an indictable offence and has a weapon immediately ready for use.
    d) is committed where an offender intends to commit an indictable offence and has a weapon immediately ready for use.
  23. Can an offender be guilty of “handling stolen goods” if the goods were not stolen in Victoria.
    Yes
  24. You come into contact with Rollo. He is wearing a clown costume. You search him and discover he has a deck of marked cards in his pocket. Is any offence disclosed?
    Whilst it might be “possess article for burg, theft or CHEAT”, he almost certainly has a reasonable excuse for having the article.
  25. The secretary of a netball club keeps some of the money raised by the weekly raffles. She later hides this by creating false financial records. Which is the appropriate offence?

    a) Possess housebreaking implements

    b) OFAD

    c) OPD

    d) Theft
    d) Theft
  26. A 22 year old suspect is being interviewed for theft.He refuses to give his fingerprints. Force is needed to take them. This force must be authorised by:

    a) any MOPF

    b) an MOPF of the rank of SGT or above

    c) an Inspector of Police

    d) none of the above
    b) an MOPF of the rank of SGT or above
  27. A man reports to you that while asleep in his tent in a camping ground someone used a knife to slice open the tent and steal his wallet. He did not wake up. The appropriate charge is:

    a) Aggravated burglary – person present

    b) Aggravated burglary – weapon (the knife)

    c) Theft

    d) Both a) and b).
    c) Theft
  28. A 14 year old suspect has been charged with OPBD. You cannot find his parents. He can be fingerprinted with:

    a) the consent of an independent third party

    b) the child’s consent

    c) the consent of a close relative of the child

    d) none of the above
    d) none of the above
  29. Possess a drug of dependence is:

    a) Summary

    b) IOTS

    c) Indictable
    b) IOTS
  30. You suspect an eight year old of shop stealing. Can he be fingerprinted?

    a) Yes, as the offence is indictable

    b) No, as the offence is summary

    c) Yes, but only with a court order

    d) Yes, but only where a parent or guardian consents

    e) None of the above
    e) None of the above
  31. You have reasonable grounds to suspect a person is dealing in drugs. You

    a) Cannot search him w/o a warrant

    b) Can search before arresting, under the DP&CS Act

    c) Can search after arrest for your or his safety

    d) Can search with the authorisation of a SGT or above
    b) Can search before arresting, under the DP&CS Act
  32. Bob hires a cleaning company to clean his flat for $200.He falsely tells the company that the particular cleaner did a poor job and they agree to decrease the fee to $120. The appropriate offence is:

    a) OPBD

    b) OFABD

    c) Theft of $200

    d) Theft of $80

    e) None of the above
    b) OFABD
  33. A man tunnels into a bank. He is apprehended in the bank, with a torch, ropes, a scanner, a balaclava and some bags. The appropriate charge is:

    a) Being armed with criminal intent

    b) Trespass

    c) Possession of house breaking implements

    d) Burglary

    e) All of the above
    d) Burglary

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