105

Question 1

J says H “leave now or you will get this fist in your face”

What is the offence

Answer 1

This is an assault as H was threatened by J by his words and gesture and placing of a condition of the threat

Question 2

H and M arguing. M’s 15 year old son intervenes and H punches him in the chest. Is this “assaults child?”

Answer 2

False

Question 3

On duty constable assaulted by 3rd party while effecting arrest.

S10, Summary Offences Act is the only act that specifically deals with assaults police?

Answer 3

False

Question 4

Offenders intent maybe identified by

Weapons or degree of force used

Words a witness heard spoken by offender

Offenders admissions of intent to injure the victim

Extent harm inflected on victim

Previous similar behaviour exhibited by offender

Answer 4

True

True

True

True

False

Question 5

“Get off my street or you’ll get this” and raises fist in punching movement.

Assault?

Answer 5

Yes - because there is reason to believe they can harm them

Question 6

Match charge with injuries

Fractured skull

Gash to leg

Loss of index finger

Facial scaring

Loss of consciousness

Answer 6

GBH

wounds

Maim

Disfigures

Injury

Question 7

Throw bin at someone but misses and hits someone else. A this indirect assault

Answer 7

False

Question 8

During rugby game get trampled by opposing player

Is this an eg of implied consent

Answer 8

True

Question 9

Play fighting - as result minor bruising to stomach - can be charged with common assault

Answer 9

False

Question 10

The term “to injure” mean to cause

Answer 10

Actual bodily harm to a person

Question 11

Smashed glass twice onto face, causing to shatter and leaves facial lacerations to cheek and lip, fractured eye socket. What charge

Answer 11

Wounding with intent

Question 12

Plunging a knife into someone’s chest and lacerating lung.

Most appropriate description in relation to punctured lung?

Answer 12

A Wound

Question 13

Throw a rock at someone because you dislike them. Rock misses and person and runs away in fear.

Should be charged with Attempted assault

Answer 13

False

Question 14

Burn victim with cigarette 10 times but 12 months later before trial marks no longer visible.

What charge most appropriate

Answer 14

With intent to injure anyone, disfigures

Question 15

Can be charged with aggravated assault if punch police officer if attempting to execute a warrant to arrest in relation to failing to appear in District Court

Answer 15

True

Question 16

You and a friend Stealing GPS and mountain bike. Running down driveway confronted by owner. Punch him in face causing him to fall to ground. What most appropriate charge

Answer 16

Aggravated assault

Question 17

Intend to assault someone with glass bottle but smash it on wall and fragments get passing pedestrian.

Can be charged with assault with intent to injure

Answer 17

True

Question 18

Need to consider when charging assault

The surrounding circumstances and the nature of the offence

The intentions of offender

The offenders attempted to apply force to victim

Degree of harm inflected on victim

Answer 18

True

True

False

True

Question 19

For charge under 191 or 192 of crimes act it must be shown that

Had no intention to cause the specified harm

Made no attempt to warn of impending harm

Foresaw that actions undertaken were likely to expose others risk

Meant to cause the harm

Answer 19

False

False

True

True

Question 20

Argument with neighbour so drive into him at slow speed and clip leg

Can vehicle be classed as weapon

Answer 20

True

Question 21

J intends to do GBH to S but only manages a shallow cut.

J CANNOT be charged with GBH

Answer 21

False

Question 22

B tagged fence, confronted, then stab in chest. Most appropriate charge is aggravated wounding or injury

Answer 22

False

Question 23

What falls within “intentional application”

A person tries to strike one person but misses and hits another

Person hits one person and force inadvertently applied to another

Accidental push of one person into another

A person reckless and consequently force applied to another

Answer 23

True

True

False

False

Question 24

Can still charge with disfigures after burns from cigarette healed

Answer 24

True

Question 25

Actual bodily harm can include Psychiatric injury to the victim of it some identifiable condition Render victim unconscious for a short period of time Hurt or injury calculated to interfere with victims health A black eye as result of a punch to face Small bruise on wrist after being grabbed

Answer 25

True True True False False

Question 26

Bleeding nose as result of punch. As there is flow of blood from nose does that make it a wound

Answer 26

False

Question 27

Threaten someone with screwdriver "if you try and stop me I'll get you with this" Is this sufficient for "by any violet means renders any person incapable of resistance"

Answer 27

True

Question 28

In a family violence content who does the term bound person apply to

Answer 28

The person against who a pso has been issued

Question 29

Can a pso be issued against a 16 year old who had a disagreement. Insufficient to arrest

Answer 29

False

Question 30

Is contact while pso in place in case of emergency considered a breach

Answer 30

False

Question 31

Threat of physical violence would not be classified as violence as it is a single threat only and there must be a number of acts of abuse showing a pattern

Answer 31

False

Question 32

M and J have PO. M hears J has new partner so gets a friend to go check it out. Is this a breach of PO? Is M likely to be arrested even though she wasn't there?

Answer 32

Yes Yes

Question 33

In relation to family violence the term violence includes what?

Answer 33

Physical abuse Psychological abuse Threats Sexual abuse

Question 34

A person in domestic relationship if: Is a partner of other person Has a close personal relationship Is a family member Has a landlord - tenant relationship

Answer 34

Yes Yes Yes No

Question 35

Detain someone for pso and 2 hours run out. What must you do

Answer 35

May be immediately released from place of detention

Question 36

Consent from the person at risk is needed for pso can be issued

Answer 36

False

Question 37

M and J partners. Find M has punched J. J bleeding but won't lay complaint. K9 M and remove from house. Lawfully detain M until he has "cooled down" Issue PSO against M

Answer 37

Yes No

Question 38

The term wilfully neglects in relation to section 195 crimes act

Answer 38

Deliberate or reckless failure to provide care

Question 39

A is 15years old. Was punched over by Dad after staying out overnight. He is badly bruised and shocked. Dad should be charged with assaults child? Dad should be charged with common assault?

Answer 39

No Yes

Question 40

Are you able to enter address to take someone into custody to appear in court if in breach of pso

Answer 40

False

Question 41

In cycle of family violence which two of the following examples are indicators of escalating behaviour

Answer 41

Checking partners cellphone, Facebook and emails Threatening to harm a pet or valuable possession

Question 42

Victims of family violence considered at heightened risk of injury

Answer 42

When attempted strangulation has occurred When violence is increasing in frequency and severity

Question 43

Does person have close personal relationship. Requirement that two people live together Nature and intensity of relationship Have a sexual relationship Duration of relationship

Answer 43

False True False True

Question 44

Two flat mates living together for 12 months. Is this classed as domestic relationship

Answer 44

True

Question 45

Risk assessment for family violence occurrences Determines how and when to charge offender Important when doing op to bail Identifying correct support for victims Allows patterns of behaviour to be seen over time

Answer 45

False True True True

Question 46

T and A in domestic relationship. T kicked A in stomach causing broken ribs and internal bleeding. Is best charge male assaults female

Answer 46

False

Question 47

Can a mother get a protection order against her 15 year old daughter

Answer 47

False

Question 48

Op to bail for family violence offender. Police must consider. Need for offender to have cool off period in custody Multiple charges facing offender Adequate safety plan in place for victim and family Possibility of risk to the safety of victims family

Answer 48

True False True True

Question 49

What act the most appropriate power to enter house without warrant to protect children

Answer 49

CYPF act 1989

Question 50

If offender threats with firearm, the power to enter house without warrant to search for the rifle comes from which act

Answer 50

Arms act 1983

Question 51

Is a mother liable if she allowed her children to hear the psychological abuse that the father gives her

Answer 51

False

Question 52

Massive example Consider the liability of both parties for taking $650. What charge most appropriate

Answer 52

Robbery. As N threatened violence and obtained $650 cash from the shop assistant

Question 53

Massive example Should B be charged with being a party to the offence of robbery

Answer 53

False

Question 54

Massive example B should be charged with the theft of the $650 from the secondhand store

Answer 54

False

Question 55

Massive example N and B are both liable for the aggravated wounding of the member of public who interviewed

Answer 55

False

Question 56

Massive example What is the liability of B and N for the offence or aggravated robbery

Answer 56

Neither B or N are liable

Question 57

Massive example At what point in the scenario is robbery complete

Answer 57

When N received $650 from the shop assistant

Question 58

T has fight with B. B falls to ground and cellphone falls out of pocket. T picks up cellphone. Is most appropriate charge robbery

Answer 58

False

Question 59

Punch someone's friend in order to get there football jersey. What offence commited

Answer 59

Robbery as H used violence and stolen property

Question 60

Snatch a bag of money from someone's hand bag and bike off. No harm to person. Sufficient for robbery?

Answer 60

False

Question 61

J used violence to obtain property to which he believes he is entitled to. If a defence of claim of right to the charge of theft is used by J defence this would negate robbery also

Answer 61

True

Question 62

Robbery needs to be in the immediate presence of the victim

Answer 62

False

Question 63

Steal bag from lady. Twist her arm as she tries to hold onto bag. What most appropriate charge

Answer 63

Robbery as the theft was accompanied by a sufficient level of violence

Question 64

D waits in bushes then hits pedestrian and searches there pockets. Finds no money but takes MP3 player instead. What is D liable for

Answer 64

Robbery as he used violence on the pedestrian and stolen an MP3

Question 65

If you rob someone for there MP3 then change mind and give it back have you still committed the offence of robbery.

Answer 65

True

Question 66

Assault another person then see there beanie lying on ground and take it. Liable for robbery

Answer 66

False

Question 67

The term GBH in relation to an offence of aggravated robbery means

Answer 67

Really serious harm

Question 68

A persons presence at the robbery without active participation in it is not sufficient for an offence of aggravated robbery

Answer 68

True

Question 69

J and T have knives. Threaten taxi driver but he laughs at them and they run off. Are they liable for aggravated robbery

Answer 69

False

Question 70

M punches S and demand him to hand over money. M's associate threatens to kick S and is standing beside M as S hands over the money. Aggravated robbery?

Answer 70

True

Question 71

A and J demand you to hand over cell phne. A punches you in face and J grabs phone. You manage to get it back and they run away Criminal liability

Answer 71

Aggravated robbery

Question 72

If you use violence to avoid being caught for theft are you liable for robbery

Answer 72

False

Question 73

S goes into dairy, threatens owner with knife. R stays in car as getaway driver and is unaware of knife. Both liable for aggravated robbery

Answer 73

False

Question 74

Joe is able to be charged with aggravated robbery as the imitation firearms falls within the definition of "anything appearing to be an offensive weapon"

Answer 74

True

Question 75

Two offenders intent to rob manager for there computer. Make a threat. Believing he is about to be assaulted he runs away with computer. Assault with intent to rob?

Answer 75

True

Question 76

Rob bank. Leave gun in car. "If you don't hand over money will go to car get gun and blow your head off" Sufficient for armed with an offensive weapon ingredient for aggravated assault

Answer 76

False

Question 77

A belief in legal entitlement to demand the thing demanded is therefore a defence

Answer 77

True

Question 78

Offence would be robbery as S has handed over property due to the gang members demeanour and look

Answer 78

False

Question 79

Although hind initial carriage of a softball bat was innocent his later actions would deem it to be an offensive weapon

Answer 79

True

Question 80

J actions would be sufficient to charge him with aggravated robbery as he has pretended to be armed with a firearm and has stolen cigarettes

Answer 80

False

Question 81

The offence of demanding with menaces is complete as soon as a person forms the intention to steal property from a person

Answer 81

False

Question 82

As the threats of violence were not directed at the male the youths can not be charged with assault on the female and demanding with menaces

Answer 82

False

Question 83

H and S get into fight. H decides to steal S wallet but is unsuccessful in taking it. H should be charged with assault with intent to rob?

Answer 83

False

Question 84

It would be appropriate to charge an offender with assault with intent to rob where violence has been used but the robbery hasn't been completed

Answer 84

True

Question 85

"Give me a cigarette now you bitch!" Should be charged with demanding with menaces in relation to actions

Answer 85

True