Questions & Answers 100% Solved
For Custody of a Knife, define custody.
a- Wielding a knife.
b- Loss of liberty or not free to leave.
c- Be in possession or be in control of it.
d- Have parental control of or guardianship. Answer-c- Be in possession or be in control
of it.
What is the definition of a knife in the Summary Offences Act 1988 (NSW) s.3- Definition?
a- Any sharp implements.
b- Any offensive implements.
c- Any knife implements.
d- A knife, razor or any other blade. Answer-d- (a) a knife blade, or (b) a razor blade, or (c)
any other blade.
Are modified scissors that resemble a blade used to stab someone considered a knife or
dangerous implement?
a- Both.
b- Considered any other blade.
c- Dangerous implement that is adapted to cause injury.
d- Neither. Answer-a- Both, can be a dangerous implement that is made or adapted to
cause injury or menace to person or damage to property or considered as any other bade.
, ADPP Session 1 2024 Mock Final Exam;
Questions & Answers 100% Solved
What is 'reasonable excuse'?
a- Use of objective test to determine.
b- Use of subjective test to determine if it's excusable.
c- Self-defence.
d- Excuse used by accused. Answer-a-
· Magistrate decides if the accused's excuse is reasonable by considering what a reasonable
person would do in those circumstances (Objective Test).
· What is reasonable depends on the circumstances of the case.
· The burden of proving the reasonable excuse lies with the defendant 'on the balance of
probabilities'.
Define offensive implement.
a- Modified to inflict pain on others.
b- Made or adapted to cause injury.
c- Weapons such as guns and any type of knife.
d- Intended to injure or menace a person or damage property. Answer-b & d- It is
anything that is made or adapted to cause injury; anything intended by the person who has
custody of it to be used to injure or menace a person or damage a property.
What considerations would an officer make in determing if a certain object, say pencil, is an
offensive implement?
a- Is it made and adapted to injure a person?
, ADPP Session 1 2024 Mock Final Exam;
Questions & Answers 100% Solved
b- Mens rea- Is the person intending to use it to injure a person or damage property?
c- The actus reus or physical act.
d- Recklessly or intentionally. Answer-a & b-
1- Is it made or adapted to injure?
2- Is the person possessing the pencil intending to (mens rea) injure or menace a person or
damage a property?
Explain lewdness.
a- Common law offence of obscene exposure.
b- Common law offence that involves nudity.
c- Offensive conduct that involves exposure.
d- Exposure from private place to place and visible from a public place. Answer-d-
Common law offence that involves exposure from private place to private place and visible from
a public place.
What is the definition of public place?
a- Under water that is open to public.
b- Road/road related area including school.
c- Part of premises with license that is issued by council.
d- Place that is open and used by public. Answer-d-
-Place (whether or not covered by water) or part of premises, that is opeterm-18n to public or
used by public, whether or not on payment or other considerations, etc.
, ADPP Session 1 2024 Mock Final Exam;
Questions & Answers 100% Solved
-Road/road related areas not including schools.
Search on reasonable grounds or 'reasonable suspicion' is based on THIS mnemonic. Elaborate.
a- Technical, History, Investigate, Summary.
b- Time, History, Intelligence, Situation.
c- Time, History, Investigate, Summary.
d- Time, History, Intelligence, Search. Answer-b- Time, History, Intelligence, Situation.
Explain the objective test.
a- Someone with reasonable firmness who witnessed the incident.
b- Someone with a sound mind who would find offence.
c- Third person of reasonable firmness would find offence to that incidence.
d- Someone with reasonable firmness who may or may not witness the incident would offence
to it. Answer-c- This is where the opinion of an imaginary independent person, who is
not related to any of the people involved in the incident, nor has to be present, would be
offended, threatened or scared by the events in question.
Summary Offences Act s.11F
a- Sale of knives to children.
b- Wielding of knives in public place or school.
c- Custody of knife in public place or school.