Exam Revision Material
POLICE Powers of ARREST 495(1) - correct answer ✔✔1) Person who has committed and
indictable(PRESENT) offence or who on RG believes has committed(PAST) or about to
commit(FUTURE) an indictable offence.
2) Person who he FINDS COMMITTING a Criminal Offence or
3) Has RG to believe that a WARRANT OF ARREST OR COMMITTAL in any form is in force within
the TERRITORIAL JURISDICTION in which the person is found.
What are the 6 steps to a lawful ARREST? - correct answer ✔✔1) Identify yourself as a police
officer
2)Tell them they are under arrest
3) Tell them why they are under arrest
4) Take physical control
5) Inform them of their rights to counsel
6) Ensure they understand
Impaired Driving - correct answer ✔✔Driving under the influence of alcohol or drugs
What is Care and Control - correct answer ✔✔Alcohol or drug
Where does the offence of Operation while Prohibited have to occur in relation to a Motor
Vehicle? - correct answer ✔✔A prohibition order in respect of a motor vehicle applies only to its
operation on a street, road or highway or in any other public place.
Colour of RIght - correct answer ✔✔An honest belief in a set of FACTS or Circumstances that
they actually exist constitute legal justification or excuse.
,When is the theft complete? - correct answer ✔✔With intent to steal anything, moves it OR
cause it to move or be moves, OR begins to cause it to become moveable.
Theft 322(1) CC - correct answer ✔✔Everyone who fraudulently and without colour of right
takes, converts to his use or to the use of another person, ANYTHING whether animate or
inanimate with INTENT.
333.1 CC Theft of a motor Vehicle is liable to: - correct answer ✔✔Indictable; not more than 10
years AND 6 months minimum if third or subsequent offence
Summary conviction; imprisonment not more than 18 months
Fraud 380 (1) CC - correct answer ✔✔Deceit, falsehood or other fraudulent means, defrauds
the public OR any person of PROPERTY, MONEY, VALUABLE SECURITY and ANY SERVICE
Punishment for Theft Over $5000 S.334 CC - correct answer ✔✔Indictable offence, no more
than 10 years.
Punishable on SUMMARY Conviction
Punishment for Theft Under $5000 S.334 CC - correct answer ✔✔Indictable offence, no more
than 2 years.
Punishable on SUMMARY Conviction
Take Motor Vehicle/Vessel without consent S.335(1) CC - correct answer ✔✔Without consent
from the owner, takes m/v / vessel, intent to drive/use/navigate/operate or cause it to be
driven/used/navigated/operated or is an occupant knowing it was taken w/o consent
SUMMARY CONVICTION
, Take Motor Vehicle Without Consent Exemption - correct answer ✔✔does not apply if
Occupant;
Becomes aware that the M/V /Vessel was taken without consent
Attempt to leave where feasible
Actually leaves M/V /Vessel
What is a deceit? - correct answer ✔✔Person perpetrating the fraud does something that
misleads the victim
What is a falsehood? - correct answer ✔✔A lie
Means lie by? (How can you lie?) - correct answer ✔✔Orally or in writing, by fax, e-mail, third
person, basically by any means or mode of communication
What does "other fraudulent means" mean? - correct answer ✔✔Any other method a person
could think of now or in the future
Robbery S.343 (a) CC - correct answer ✔✔Everyone commits robbery who:
steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance
to the stealing, uses violence or threats of violence to a person or property;
Robbery S.343 (b) CC - correct answer ✔✔steals from any person and, at the time he steals or
immediately
before or after, wounds, beats, strikes or uses any personal
violence to that person;
Robbery S.343 (c)&(d) CC - correct answer ✔✔Everyone commits robbery who: assaults any
person with the intent to steal from him or