A surveillance officer

The Scenario

1. It is about 11.15 am on Wednesday morning and Johanna REES is working as a surveillance officer for Kmart at Rossiville. Ms REES is walking around the store when she sees a female pushing a pram acting suspiciously around the ladies lingerie section.
2. She discreetly watches the woman and sees her select three t-shirts from a rack. She looks around to see if she is being watched, before unzipping the canopy and throwing the t-shirts into the pram. She quickly closes the canopy again.
3. The woman pushes the pram over to another rack and selects three pairs of black leggings. Once more, she looks around to see if she is being watched, before unzipping the canopy and throwing the leggings into the pram. She quickly closes the canopy again.
4. The woman then starts walking towards the exit but stops to browse at some things on display. She keeps looking around to see whether she is being watched.
5. The woman walks through the exit without stopping to pay for the goods in the pram. REES approaches the woman and says, ‘Excuse me ma’am, have you forgotten to pay for anything?’ The woman replies, ‘No! Why would you say that? I was just browsing to fill in time until my appointment!’ REES says, ‘I’m sorry, but I saw you place a number of t-shirts and leggings in your pram. You don’t even have a baby in there!’. The woman then turns and pushes the pram quickly out of the centre. REES allows her to leave, as she believes she shouldn’t leave the store.
6. A short time later Sergeant Phil Blunt and you are walking into the Centre to buy lunch. You are both in full uniform. As you walk past KMART MS REES approaches you and informs you of the incident.
7. You speak to MS REES and overtly obtain a version from her on your BWV, while also making contemporaneous notes in your notebook. She informs you of the above. MS REES describes the woman as Caucasian, mid-20s, about 160 cm, medium build, light brown hair in a bun, wearing light grey leggings, a dark blue Nike t-shirt that has the trademark ‘tick’ in pink on the front, white joggers and pink socks.
8. MS REES describes the pram as quite distinctive. It is a vintage bassinette style with a chrome frame and wheels. The bassinette is bright pink with embroidered floral motifs in white, yellow and black. The bassinette has a full canopy, the back half of which is in the same fabric, and the front half is in a black insect-proof netting that zips in the middle.
9. You relay the description to VKG for broadcast to other car crews in the vicinity.
10. You make your way to the food court, where you speak to Jane Bloomer, a security officer employed by the Centre. You tell her about the incident outside Target and describe the woman. Bloomer tells you she saw the woman leave the Centre a few minutes ago via the entrance on Market St. You relay this information to VKG and make your way out onto Market St.
11. She sees the woman smoking a cigarette at the bus stop. After informing the woman that the interaction would be recorded on BWV, and complying with the safeguards under LEPRA part 15, you search the pram and locate the following items: 3 x Target brand black bras; 3 x Target brand beige women’s briefs; 3 x Target brand women’s t-shirts (1 white, 1 grey and 1 red); and 3 x Target brand black leggings. All items still have their tags attached. The total retail price of these items is $351.50.
12. You ask the woman for her details, and she shows you her licence which states her name is Rylee Cypress, dob 23/01/2004 address 15 Mitchell Street, Rossiville. You caution Cypress and then ask her “Where did you get these items from? Cypress said, “Ok you got me I took them from Kmart but I’ not saying anything else”. You conduct a person check with police radio and are informed she has one prior entry for larceny the year before. You decide to give her a field can and seize the property.
13. You return to Kmart and inform Ms REES of your action and obtain a statement from her. You take photos of each individual item and then return them to the store. You obtain a receipt for the items from Ms REES.
14. Rossiville Shopping Centre has an extensive CCTV camera network. It captured the incident outside Kmart, as well as the movements of Cypress within the Centre before and after the incident. You speak to the security officer later that day and obtain the relevant footage.

Question 1:
Identify the relevant offence from the scenario list the Act, section/subsection, Law code, Indictment, and elements.

Discuss the legal application of each element with reference to the scenario. (30 marks)

Question 2
Discuss the lawfulness of the power used in the scenario.

In your answer make sure you address the requirements of the legislation and expand on all the relevant points of law including the use of safeguards. (30 marks)

Question 3

Describe the evidence you would need to include in your police statement if the accused plead not guilty.

Your answer should address the elements of the offence that you can prove, any legislative requirements in relation to the form of the statement and evidentiary issues. (30 marks)

Make sure that you read the scenario critically and address in your answer any deficiencies in the information which would require further investigation.

RATIONALE
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SUBJECT LEARNING OUTCOMES
This assessment task will assess the following learning outcome/s:
• be able to complete their individual workloads as a probationary constable under supervision
• be able to render assistance as a probationary constable under supervision
• be able to perform operational policing duties at a professional level as identified in the NSWPF Operational Portfolio
• be able to apply legislation to different operational policing situations
• be able to apply investigative practices to different operational policing situations
• be able to utilise communications strategies for effective operational policing
GRADUATE LEARNING OUTCOMES
This task also contributes to the assessment of the following Charles Sturt Graduate Learning Outcome/s:
• Academic Literacy and Numeracy (Application) - Charles Sturt Graduates consider the context, purpose, and audience when gathering, interpreting, constructing, and presenting information.
• Information and Research Literacies (Application) - Charles Sturt Graduates synthesize and apply information and data to different contexts to facilitate planning, problem solving and decision making.
• Ethics (Application) - Charles Sturt Graduates form judgements and apply ethical decision making and reasoning to identify creative solutions to ethical problems.
• Professional Practice (Application) - Charles Sturt Graduates exercise professionalism, initiative and judgement in decision making, actions and evaluation in professional practice at the level of a beginning practitioner or professional.
MARKING CRITERIA AND STANDARDS
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Criteria relating to content and presentation 100% - 85%
High Distinction 84% - 75%
Distinction 74% - 65%
Credit 64% - 50%
Pass 49% - 0%
Fail
Identify an offence from the scenario and list the Act, section/subsection, Law code, Indictment and elements.

Discuss the legal application of the elements to the scenario.

(30 marks) Identifies the correct offence.
• Lists with 85–100% accuracy the:
 Act
 Offence title
 Section/subsection
 Law code
Elements

Developed an exemplary discussion of the application of the elements using some academic research, the appropriate legislation, caselaw and examples from the scenario.
(26-30 marks Identifies the correct offence.
• Lists with 75–84% accuracy the:
 Act
 Offence title
Section/subsection
 Law code
 Elements

Developed an effective discussion of the application of the elements using the appropriate legislation, caselaw and examples from the scenario.
(23-25 marks) Identifies the correct offence.
• Lists with 65–74% accuracy the:
 Act
 Offence title
Section/subsection
 Law code
Elements

Developed competent discussion of the application of the elements using legislation and examples from the scenario.
(20-22 marks) Satisfactorily:
• Identifies an offence.
• Lists with 50–64% accuracy the:
 Act
 Offence title
Section/subsection
 Law code
 Elements

Limited discussion of the application of the elements with examples from the scenario

(15-19 marks) Does not satisfactorily: Identify an offence.
List with less than 50% accuracy the:  Act
 Offence title
Section/subsection
 Law code
 Elements

Poor or little discussion of application of the elements to the scenario.

(0-14 marks)
Discuss the lawfulness of the power used in the scenario.

In your answer make sure you address the requirements of the legislation and expand on all the relevant points of law including the use of safeguards.

(30 marks) Outstanding explanation of the lawfulness of the power used substantiated with appropriate examples from the scenario caselaw and some external research.

Exemplary discussion of the requirements legislation/safeguards using good examples from the scenario and the applicable caselaw and evidence of external research.
(26-30marks) Detailed explanation of the lawfulness of the power used substantiated with appropriate examples from the scenario legislation and caselaw.

Effective discussion of the requirements of the legislation/safeguards using some examples from the scenario and the applicable caselaw.

(23-25 marks) Clear explanation of the lawfulness of the power used substantiated with appropriate examples from the scenario and legislation.

Competent discussion of the requirements of the legislation/safeguards using examples from the scenario and some caselaw.
(20-22 marks)
Basic explanation of the lawfulness of the power used substantiated with some examples from the scenario.

Limited discussion of the requirements of the legislation/safeguards using some examples from the scenario.

(15-19 marks) Poor or no explanation of the lawfulness of the power used.

Poor or no discussion of the requirements of the legislation/ safeguards.

(0-14 marks)
Describe the evidence you would need to include in your police statement.

Your answer should address the elements of the offence, any legislative requirements in relation to the form of the statement and evidentiary issues.
(30 marks) Outstanding explanation of the evidence that should be included by police.

Exemplary discussion of the requirements of the elements, the legislative requirements for the form of the statement and evidentiary issues using good examples from the scenario and applicable caselaw and evidence of external research.
(26-30marks) Detailed explanation of the evidence that should be included by police.

Effective discussion of the requirements of the elements, the legislative requirements for the form of the statement and evidentiary issues using good examples from the scenario and applicable caselaw.

(23-25 marks) Clear description of the evidence that should be included by police.

Competent discussion of the elements, the legislative requirements for the form of the statement and evidentiary issues using examples from the scenario and some caselaw.
(20-22 marks) Basic description of the evidence that should be included by police.

Limited discussion of the elements, the legislative requirements for the form of the statement and evidentiary issues using some examples from the scenario.

(15 -19 marks) Poor or no description of the evidence that should be included by police.

Discussion contained poor or limited reference to the elements, the legislative requirements for the form of the statement or evidentiary issues.

(0-14 marks)
Professional (persuasive) writing
(5 Marks) • Outstanding discussion, correctly structured and provides a strong, logical and systematic articulation of ideas actively engaging and persuading the reader.

• Flawless grammar, syntax and punctuation, use of sophisticated language that enhances meaning, fluency and coherence. No spelling errors.

• Student has adhered to word limit.

•Proofreading is evident.

(4.5–5 Marks) • Detailed discussion demonstrating a logical and systematic development of ideas engaging and persuading the reader.

• Outstanding grammar, syntax, punctuation, and language have been used effectively to enhance meaning, fluency, and coherence. Minimal spelling errors

• Student has adhered to word limit.

• Proofreading is evident.

(4 Marks) • Proficient discussion with ideas being developed logically and systematically for the most part engaging and persuading the reader.

• Very good grammar, syntax and punctuation have been used competently to enhance meaning, fluency, and coherence. Minimal spelling errors

• Student has adhered to word limit.

•Proofreading is evident.
(3.5 Marks) • Satisfactory discussion of ideas, although the ideas may vary in logical arrangement somewhat difficult to follow and not overly persuading the reader.

• Some minor errors. Grammar, syntax, and punctuation have been used satisfactorily to enhance meaning, fluency, and coherence. Some spelling errors

• Student has adhered to word limit.

•Proofreading is evident.

(3 marks) • Poor presentation of ideas lacks basic structural elements. Ideas arranged in an illogical way which does not engage or persuade the reader.

• Grammar, syntax, and punctuation is inconsistent and/or shows significant errors that affect meaning, fluency, and coherence of sentences. Poor sentence structure. Poor spelling

• Student has not adhered to word limit.

•No proofreading is evident.

(1-2 marks)
Referencing and research
– APA standard required

(5 marks) Extensive selection of research including relevant legislation, caselaw and scholarly writings.

Complete compliance in accordance with APA CSU policy. Citations have been seamlessly incorporated, strongly enhancing discussion and comprehensively supporting statements.

(5 marks) Wide selection of research including relevant legislation, caselaw and scholarly writings.

No referencing errors in accordance with APA CSU Policy. References are formatted proficiently, effectively enhancing discussion and supporting statements made.

(4 marks) Appropriate amount of research including relevant legislation and caselaw.

Minimal referencing errors in accordance with APA CSU Policy. Citations that have been presented support statements made.

(3.5 marks) Some research is evidence including relevant legislation.

Some referencing errors in accordance with APA CSU policy. Citations have been included, although link to discussion is not always demonstrated.

(3 marks) Little or no research evident.

Consistent errors in referencing in accordance with APA CSU policy. Format and/or citation not present where appropriate, including in text citation, fail to reference where required.
(1-2 marks)