Western Australia Criminal Law and Drug Legislation Review

Comprehensive practice flashcards reviewing the Criminal Investigation Act 2006, Misuse of Drugs Act 1981, and The Criminal Code of Western Australia.

Under section 3(1) of the Criminal Investigation Act 2006, what is defined as a "dwelling"?

A place or a part of a place that is ordinarily used for human habitation, regardless of whether it is from time to time uninhabited.

What constitutes a "thing relevant to an offence" under section 5(1) of the Criminal Investigation Act 2006?

A thing reasonably suspected to have been, being, or intended to be used to commit an offence; obtained by committing an offence; an offence committed in respect of it; or providing evidence of an offence or rebutting an alibi.

What standard must be met under section 4 of the Criminal Investigation Act 2006 for a person to "reasonably suspect" something?

The person must personally have grounds at the time for suspecting the thing, and those grounds, when judged objectively, must be reasonable.

Under section 18 of the Criminal Investigation Act 2006, how long does a senior police officer's roadblock authorisation remain effective?

It has effect for $6$ hours, or any lesser period specified by the officer, but may be renewed.

What is the maximum initial period a police officer without senior authorization may set up a roadblock under urgent circumstances under section 18(5)?

No more than $3$ hours.

Under section 27(2) of the Criminal Investigation Act 2006, what is the maximum duration for which a move on order can require a person to stay away from a place?

A specified reasonable period of not more than $24$ hours.

According to section 40 of the Criminal Investigation Act 2006, what is defined as a "serious offence" for establishing a protected forensic area without a warrant?

An offence for which the statutory penalty is or includes imprisonment for $5$ years or more or life.

Under section 61B(2) of the Criminal Investigation Act 2006, what are the maximum area size and duration limits for a senior police officer's declaration of a designated area for metal detector searches?

An area not exceeding $3\,\text{km}^2$ and a period of up to $12$ hours.

What distinguishes a "basic search" from a "strip search" under sections 63 and 64 of the Criminal Investigation Act 2006?

A basic search permits scanning, removing outer clothing/footwear, and frisk searching, whereas a strip search permits removing inner clothing/underwear and inspecting external private parts and the mouth.

Under section 140(3)(a) of the Criminal Investigation Act 2006, what is the maximum initial period an arrested suspect can be detained before requiring further authorisation?

It must not exceed $6$ hours from the arrest of the suspect.

How long can a magistrate extend the detention period for an arrested suspect upon application under section 140(6)(b) of the Criminal Investigation Act 2006?

A further period of not more than $8$ hours.

Under the Misuse of Drugs Act 1981 section 3(1), what is the definition of a "botanist"?

A person holding a science degree (major in botany) awarded by a university in Australia or a prescribed university, with not less than $2$ years practical experience in plant taxonomy.

What quantity of cannabis defines a "minor cannabis related offence" for issuing a Cannabis Intervention Requirement (CIR) to an adult under section 8B(1) of the Misuse of Drugs Act 1981?

An amount of not more than $10\,\text{g}$ (or as prescribed), not involving a cannabis plant under cultivation, cannabis resin, or any other cannabis derivative.

Within how many days must an alleged offender complete a Cannabis Intervention Session (CIS) after receiving a CIR under section 8F(1) of the Misuse of Drugs Act 1981?

Within a period of $28$ days after the giving of the CIR.

Under section 20B(3) of the Misuse of Drugs Act 1981, what are the geographical and size restrictions on declaring a drug detection area for vehicle searches?

It must not be in the metropolitan region and must not exceed an area of $5\,\text{square kilometres}$.

What is the maximum duration for a vehicle search authorisation under section 20B(2)(c) of the Misuse of Drugs Act 1981?

A period not exceeding $14$ days.

What is the maximum duration for a premises search authorisation under section 20C(2)(c) of the Misuse of Drugs Act 1981?

A period not exceeding $24$ hours.

Under section 20N(4)(b) of the Misuse of Drugs Act 1981, what is the maximum area size limit for a Border Search Area (BSA)?

It must not exceed $5\,\text{km}^2$ in area.

How long does a Border Search Area (BSA) authorisation issued by an issuing officer remain in effect under section 20R(2) of the Misuse of Drugs Act 1981?

For a period stated in the notice, being no longer than $28$ days after the notice is issued.

According to Schedule VII of the Misuse of Drugs Act 1981, what threshold amount of methylamphetamine gives rise to a declaration of a drug trafficker?

$28.0\,\text{g}$.

According to Schedule VII of the Misuse of Drugs Act 1981, what quantity of cannabis gives rise to a declaration of a drug trafficker?

$3.0\,\text{kg}$.

Which Border Search Area (BSA) is represented by this map boundary?

Broome Port

Which Border Search Area (BSA) is depicted in this boundary map?

Perth Airport Zone 1

Which Border Search Area (BSA) boundary is illustrated in this map?

Eyre Highway, Eucla (WA/SA border)

According to section 1(1) of The Criminal Code, what constitutes "grievous bodily harm"?

Any bodily injury of such a nature as to endanger, or be likely to endanger life, or to cause, or be likely to cause, permanent injury to health.

Under Chapter I Section 1(1) of The Criminal Code, what hours define "night" or "night-time"?

The interval between $9\,\text{p.m.}$ and $6\,\text{a.m.}$

According to Chapter V Section 29 of The Criminal Code, what is the age threshold below which a child is not criminally responsible for any act or omission?

Under the age of $10$ years.

Under Chapter V Section 29 of The Criminal Code, under what condition is a child between 10 and 14 years old criminally responsible?

Only if it is proved that at the time of doing the act or making the omission the child had capacity to know that he or she ought not to do the act or make the omission.

According to section 279(1) of The Criminal Code, what three circumstances constitute the crime of murder?

Unlawfully killing another person with intent to cause death; with intent to cause bodily injury likely to endanger life; or by an act done in prosecution of an unlawful purpose likely to endanger human life.

What is the penalty under section 281(1) of The Criminal Code for unlawful assault causing death?

Imprisonment for $20$ years.

Under section 298 of The Criminal Code, what acts constitute the crime of suffocation and strangulation?

Unlawfully impeding another person's normal breathing, blood circulation, or both, by blocking their nose/mouth or applying pressure to their neck.

Under section 299(5) of The Criminal Code, how is "persistently engaging in family violence" defined?

Doing an act of family violence on $3$ or more occasions, each on a different day, over a period not exceeding $10$ years against the same person.

According to section 378 of The Criminal Code, what is the standard penalty for stealing if no other punishment is provided?

Imprisonment for $7$ years.

Under section 401(1) of The Criminal Code, what constitutes the crime of burglary?

Entering or being in the place of another person without that person's consent, with intent to commit an offence in that place.

What is the maximum statutory penalty under section 401(1)(a) for an aggravated home burglary?

Imprisonment for $20$ years.

Under section 401B(1) of The Criminal Code, when is an offender being sentenced for a home burglary considered a "repeat offender"?

When the person has at least $3$ relevant convictions for home burglary.

Under section 444(1)(a) of The Criminal Code, what is the penalty for criminal damage if the property is destroyed or damaged by fire?

Life imprisonment.

Under section 80O(1) of The Criminal Code, what is the crime and penalty for displaying a Nazi symbol in a public place?

It is a crime carrying a penalty of imprisonment for $5$ years (summary conviction penalty: imprisonment for $2$ years and a fine of $\$24\,000$).