Conceptual Actual Exam Questions With
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1. Explain the process when a person reports the loss of their passport to
police -PPP145 - ANSWER Australian passports:
Anyone reporting the loss/theft of an Australian passport must present police with
a Report of loss of an Australian passport form issued by Foreign Affairs. Verify
with the station stamp in the space provided. If no stamp is available, sign the
form and print your name, rank, station and date. Do not charge a fee.
New Zealand, Filipino, Thai and Uruguayan passports:
These consulates issue a form similar to Foreign Affairs. Stamp, sign and date it.
Do not charge a fee.
Other nationalities:
Complete a COPS entry and verify on NSWPF letterhead that the report has been
made. Include:
• Who reported the loss/theft and when
• Passport name and number (if known)
• COPS event number.
,The prescribed fee is chargeable, however, you may use your discretion,
depending on the circumstances. If you charge a fee, issue a general receipt and
send money to Accounts with the remittance schedule showing the reason for it.
2. Explain the offence of Destroying or Damaging Property and its elements -
PPP145 - ANSWER Property Damage Concepts:
• Damage to property
• Temporary functional derangement
• Burden of proof
• Recklessness
• Test of foresight
• Transfer of malice
• Reasonable third person
The elements of Destroying or Damaging Property are:
• Accused
• Intentionally or Recklessly
• Destroys or damages
• Property
• Belonging to another or, that person and another
3. Explain intent, recklessness and foresight in relation to both criminal intent
and actions - PPP145 - ANSWER Intentionally:
Means that the person intended to commit the act.
,Recklessly:
This is about risk. If a person foresees that a particular result may come about
because of a specific action, and still goes ahead with the action despite the
potential consequences.
Test of foresight:
This is a legal principle to do with the contemplation of the possibility of causing
damage or injury, and then going ahead with that particular action anyway,
regardless of the possible outcome. For example, Bill and Pete had a fight in a pub.
Bill hit Pete and Pete fell through a window. Would Bill and Pete have had time to
think about damage to property? No, they were busy fighting, not thinking. The
key to this example is further questioning of Bill about whether he considered if
he hit Pete would this have caused Pete to fall through the window.
4. Explain what defines damage or destroy property, burden of proof, and
transfer of malice in relation to property damage offences - PPP145 -
ANSWER The elements of Destroying or Damaging Property are:
• Accused
• Intentionally or Recklessly
• Destroys or damages
• Property
• Belonging to another or, that person and another
Burden of proof:
, In a criminal matter, it is the job of the prosecution to provide the evidence. If
there is insufficient evidence, the Magistrate or the Judge and Jury will not be able
to come to a considered conclusion which will find in favour of the allegation put
forward by the prosecution.
Transfer of malice:
The concept of transfer of malice is a legal principle. A person's intent to damage
property, or to injure another person, is transferred to an outcome that results in
damage or injury caused to other property or to another person, even though the
offender did not intend to cause the damage or injure the person. The actual
target or recipient is not the original intended target or recipient.
5. What is an indictable offence - ANSWER Indictable offences are offences
which may proceed to trial. They are also divided into two categories, based on
how serious they are (punishment based). An indictable offence according to the
Criminal Procedure Act 1986 (NSW), Section 3 means an offence (including a
common law offence) that may be prosecuted on indictment.
1. Serious Indictable Offences
2. Minor Indictable Offences
Serious Indictable Offences as defined by the Crimes Act 1900 (NSW), Section 4:
Serious Indictable Offences, that is, punishable by imprisonment for life or 5 years
imprisonment or more.
Minor Indictable Offence: An indictable offence that is not a serious indictable
offence (Crimes Act 1900 (NSW), Section 4). It is punishable by less than 5 years
imprisonment. An example of this would be Crimes Act 1900 (NSW), Section 189 -
Receiving etc. where principal guilty of minor indictable offence. Liable for 3 years
imprisonment.