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INV > 105 > Flashcards

105 Flashcards

1
Q

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

What is the offence

A

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

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2
Q

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

A

False

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3
Q

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

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

A

False

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4
Q

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

A

True

True

True

True

False

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5
Q

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

Assault?

A

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

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6
Q

Match charge with injuries

Fractured skull

Gash to leg

Loss of index finger

Facial scaring

Loss of consciousness

A

GBH

wounds

Maim

Disfigures

Injury

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7
Q

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

A

False

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8
Q

During rugby game get trampled by opposing player

Is this an eg of implied consent

A

True

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9
Q

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

A

False

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10
Q

The term “to injure” mean to cause

A

Actual bodily harm to a person

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11
Q

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

A

Wounding with intent

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12
Q

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

Most appropriate description in relation to punctured lung?

A

A Wound

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13
Q

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

Should be charged with Attempted assault

A

False

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14
Q

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

What charge most appropriate

A

With intent to injure anyone, disfigures

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15
Q

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

A

True

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16
Q

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

A

Aggravated assault

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17
Q

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

A

True

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18
Q

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

A

True

True

False

True

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19
Q

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

A

False

False

True

True

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20
Q

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

Can vehicle be classed as weapon

A

True

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21
Q

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

J CANNOT be charged with GBH

A

False

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22
Q

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

A

False

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23
Q

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

A

True

True

False

False

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24
Q

Can still charge with disfigures after burns from cigarette healed

A

True

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25
Q

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

A

True

True

True

False

False

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26
Q

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

A

False

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27
Q

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”

A

True

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28
Q

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

A

The person against who a pso has been issued

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29
Q

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

A

False

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30
Q

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

A

False

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31
Q

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

A

False

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32
Q

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?

A

Yes

Yes

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33
Q

In relation to family violence the term violence includes what?

A

Physical abuse

Psychological abuse

Threats

Sexual abuse

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34
Q

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

A

Yes

Yes

Yes

No

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35
Q

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

A

May be immediately released from place of detention

36
Q

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

A

False

37
Q

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

A

Yes

No

38
Q

The term wilfully neglects in relation to section 195 crimes act

A

Deliberate or reckless failure to provide care

39
Q

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?

A

No

Yes

40
Q

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

A

False

41
Q

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

A

Checking partners cellphone, Facebook and emails

Threatening to harm a pet or valuable possession

42
Q

Victims of family violence considered at heightened risk of injury

A

When attempted strangulation has occurred

When violence is increasing in frequency and severity

43
Q

Does person have close personal relationship.

Requirement that two people live together

Nature and intensity of relationship

Have a sexual relationship

Duration of relationship

A

False

True

False

True

44
Q

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

A

True

45
Q

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

A

False

True

True

True

46
Q

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

A

False

47
Q

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

A

False

48
Q

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

A

True

False

True

True

49
Q

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

A

CYPF act 1989

50
Q

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

A

Arms act 1983

51
Q

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

A

False

52
Q

Massive example

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

A

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

53
Q

Massive example

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

A

False

54
Q

Massive example

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

A

False

55
Q

Massive example

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

A

False

56
Q

Massive example

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

A

Neither B or N are liable

57
Q

Massive example

At what point in the scenario is robbery complete

A

When N received $650 from the shop assistant

58
Q

T has fight with B. B falls to ground and cellphone falls out of pocket. T picks up cellphone.

Is most appropriate charge robbery

A

False

59
Q

Punch someone’s friend in order to get there football jersey.

What offence commited

A

Robbery as H used violence and stolen property

60
Q

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

A

False

61
Q

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

A

True

62
Q

Robbery needs to be in the immediate presence of the victim

A

False

63
Q

Steal bag from lady. Twist her arm as she tries to hold onto bag.

What most appropriate charge

A

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

64
Q

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

What is D liable for

A

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

65
Q

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

A

True

66
Q

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

Liable for robbery

A

False

67
Q

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

A

Really serious harm

68
Q

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

A

True

69
Q

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

A

False

70
Q

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?

A

True

71
Q

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

A

Aggravated robbery

72
Q

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

A

False

73
Q

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

A

False

74
Q

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”

A

True

75
Q

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?

A

True

76
Q

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

A

False

77
Q

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

A

True

78
Q

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

A

False

79
Q

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

A

True

80
Q

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

A

False

81
Q

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

A

False

82
Q

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

A

False

83
Q

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?

A

False

84
Q

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

A

True

85
Q

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

A

True

INV (5 decks)

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