105 Flashcards
J says H “leave now or you will get this fist in your face”
What is the offence
This is an assault as H was threatened by J by his words and gesture and placing of a condition of the threat
H and M arguing. M’s 15 year old son intervenes and H punches him in the chest. Is this “assaults child?”
False
On duty constable assaulted by 3rd party while effecting arrest.
S10, Summary Offences Act is the only act that specifically deals with assaults police?
False
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
True
True
True
True
False
“Get off my street or you’ll get this” and raises fist in punching movement.
Assault?
Yes - because there is reason to believe they can harm them
Match charge with injuries
Fractured skull
Gash to leg
Loss of index finger
Facial scaring
Loss of consciousness
GBH
wounds
Maim
Disfigures
Injury
Throw bin at someone but misses and hits someone else. A this indirect assault
False
During rugby game get trampled by opposing player
Is this an eg of implied consent
True
Play fighting - as result minor bruising to stomach - can be charged with common assault
False
The term “to injure” mean to cause
Actual bodily harm to a person
Smashed glass twice onto face, causing to shatter and leaves facial lacerations to cheek and lip, fractured eye socket. What charge
Wounding with intent
Plunging a knife into someone’s chest and lacerating lung.
Most appropriate description in relation to punctured lung?
A Wound
Throw a rock at someone because you dislike them. Rock misses and person and runs away in fear.
Should be charged with Attempted assault
False
Burn victim with cigarette 10 times but 12 months later before trial marks no longer visible.
What charge most appropriate
With intent to injure anyone, disfigures
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
True
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
Aggravated assault
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
True
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
True
True
False
True
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
False
False
True
True
Argument with neighbour so drive into him at slow speed and clip leg
Can vehicle be classed as weapon
True
J intends to do GBH to S but only manages a shallow cut.
J CANNOT be charged with GBH
False
B tagged fence, confronted, then stab in chest. Most appropriate charge is aggravated wounding or injury
False
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
True
True
False
False
Can still charge with disfigures after burns from cigarette healed
True
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
True
True
True
False
False
Bleeding nose as result of punch. As there is flow of blood from nose does that make it a wound
False
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”
True
In a family violence content who does the term bound person apply to
The person against who a pso has been issued
Can a pso be issued against a 16 year old who had a disagreement. Insufficient to arrest
False
Is contact while pso in place in case of emergency considered a breach
False
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
False
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?
Yes
Yes
In relation to family violence the term violence includes what?
Physical abuse
Psychological abuse
Threats
Sexual abuse
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
Yes
Yes
Yes
No
Detain someone for pso and 2 hours run out. What must you do
May be immediately released from place of detention
Consent from the person at risk is needed for pso can be issued
False
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
Yes
No
The term wilfully neglects in relation to section 195 crimes act
Deliberate or reckless failure to provide care
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?
No
Yes
Are you able to enter address to take someone into custody to appear in court if in breach of pso
False
In cycle of family violence which two of the following examples are indicators of escalating behaviour
Checking partners cellphone, Facebook and emails
Threatening to harm a pet or valuable possession
Victims of family violence considered at heightened risk of injury
When attempted strangulation has occurred
When violence is increasing in frequency and severity
Does person have close personal relationship.
Requirement that two people live together
Nature and intensity of relationship
Have a sexual relationship
Duration of relationship
False
True
False
True
Two flat mates living together for 12 months. Is this classed as domestic relationship
True
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
False
True
True
True
T and A in domestic relationship. T kicked A in stomach causing broken ribs and internal bleeding. Is best charge male assaults female
False
Can a mother get a protection order against her 15 year old daughter
False
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
True
False
True
True
What act the most appropriate power to enter house without warrant to protect children
CYPF act 1989
If offender threats with firearm, the power to enter house without warrant to search for the rifle comes from which act
Arms act 1983
Is a mother liable if she allowed her children to hear the psychological abuse that the father gives her
False
Massive example
Consider the liability of both parties for taking $650. What charge most appropriate
Robbery. As N threatened violence and obtained $650 cash from the shop assistant
Massive example
Should B be charged with being a party to the offence of robbery
False
Massive example
B should be charged with the theft of the $650 from the secondhand store
False
Massive example
N and B are both liable for the aggravated wounding of the member of public who interviewed
False
Massive example
What is the liability of B and N for the offence or aggravated robbery
Neither B or N are liable
Massive example
At what point in the scenario is robbery complete
When N received $650 from the shop assistant
T has fight with B. B falls to ground and cellphone falls out of pocket. T picks up cellphone.
Is most appropriate charge robbery
False
Punch someone’s friend in order to get there football jersey.
What offence commited
Robbery as H used violence and stolen property
Snatch a bag of money from someone’s hand bag and bike off. No harm to person. Sufficient for robbery?
False
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
True
Robbery needs to be in the immediate presence of the victim
False
Steal bag from lady. Twist her arm as she tries to hold onto bag.
What most appropriate charge
Robbery as the theft was accompanied by a sufficient level of violence
D waits in bushes then hits pedestrian and searches there pockets. Finds no money but takes MP3 player instead.
What is D liable for
Robbery as he used violence on the pedestrian and stolen an MP3
If you rob someone for there MP3 then change mind and give it back have you still committed the offence of robbery.
True
Assault another person then see there beanie lying on ground and take it.
Liable for robbery
False
The term GBH in relation to an offence of aggravated robbery means
Really serious harm
A persons presence at the robbery without active participation in it is not sufficient for an offence of aggravated robbery
True
J and T have knives. Threaten taxi driver but he laughs at them and they run off. Are they liable for aggravated robbery
False
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?
True
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
Aggravated robbery
If you use violence to avoid being caught for theft are you liable for robbery
False
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
False
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”
True
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?
True
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
False
A belief in legal entitlement to demand the thing demanded is therefore a defence
True
Offence would be robbery as S has handed over property due to the gang members demeanour and look
False
Although hind initial carriage of a softball bat was innocent his later actions would deem it to be an offensive weapon
True
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
False
The offence of demanding with menaces is complete as soon as a person forms the intention to steal property from a person
False
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
False
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?
False
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
True
“Give me a cigarette now you bitch!” Should be charged with demanding with menaces in relation to actions
True
