105 Flashcards
Power of arrest
Can arrest without warrant if you have good cause to suspect
Implied consent
Contact sport, shake hands hug etc
Consent to harm
No one can may consent to the infliction of death upon themselves
Self Defence
Did the accused use force for the purpose of defending themselves or othersWhat were the circumstances as the accused believed them to beWas the force reasonable in those circumstances
Time limit for filing assault related charges under Summary Offences
12 months
Is an attempted assault an offence
Yes, an attempt is the full offence
If a person is charged with assault and the victim dies within a year and a day of the assault can the suspect be charged with murder
Yes
What 2 exceptions to the double jeopardy rule
Has been a tainted acquittal, where someone found of perjury or intimidating a witness. Or compelling new evidence in relation to serious criminal offence has been discovered
Mary has breached the conditions of her police safety order and is hiding and avoiding police. Inquiries have established that she is staying at a known residential address.As Mary is a bound person and has breached a police safety order you are able to enter the address and take her in to custody to appear in court.Select one: True False
False
Phillip has been watching the movements of the local dairy owner. He bikes past the dairy owner on her way to the bank and snatches the dairy owners cash bag from her hand. She is furious but unharmed.The actions of Phillip would be sufficient to constitute the offence of ‘robbery’.Select one: True False
False
Harry sees Melanie and her 15 year old son walking into the mall. Harry approaches and begins arguing with Melanie. Melanie’s son intervenes and Harry punches him in the chest.Harry should be charged with ‘assault on a child’.Select one: True False
FalseTo succeed with a charge of ‘assault on a child’ you must prove that the child assaulted was under the age of 14 years. Sectio 194(a) Crimes Act 1961 Police Manual - Assaults - Definitions
As Zoe is walking along the road she see’s a female sitting at the bus stop listening to a pink coloured MP3 player. Zoe decides that she wants it, punches the victim in the face and runs away with the MP3 player.As she gets down the road Zoe changes her mind, returns the property to the victim and apologises.Zoe has committed the offence of robbery.Select one: True False
True
In relation to the ‘intent to steal’ ingredient of ‘demanding with menaces’ the prosecution must show that the offender acted dishonestly and without claim of right.A belief in legal entitlement to demand the thing demanded is therefore a defence.Select one: True False
True
Henry gets into a fight with Steve as he thinks Steve is seeing his girlfriend. He punches and kicks Steve. Steve falls to the ground and is slow to get up.Henry see’s that he has an opportunity and decides to steal Steve’s wallet which is falling out of a pocket but is unsuccessful in taking it from him.Henry should be charged with ‘assault with intent to rob’.Select one: True False
False
Paul is waiting at the bus stop talking on his cellphone. He is approached by Andrea and Jill who demand that he hand over his cellphone to them, Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone but Paul manages to get it back from her and the girls run away.Which of the following offences best describes Andrea’s criminal liability?Select one: Assault with intent to rob Aggravated robbery Attempted aggravated robbery
Aggravated robbery
In which two of the following circumstances are victims of family violence considered to be at a heightened risk of injury?Select one or more: when the violence is increasing in frequency and severity when attempted strangulation has occured when some psychological abuse of the victim is involved
when the violence is increasing in frequency and severity when attempted strangulation has occured
George enters the local dairy. He takes some biscuits from the shelf and hides them under his jacket to exit the store. The dairy owner chases him down the street. George stops running turns and punches the dairy owner in the face and kicks him in the head. The dairy owner falls to the ground as George runs away.As George has used violence to avoid being caught for the theft he would be liable for ‘robbery’.Select one: True False
False
In determining whether a person has a close personal relationship with another person which of the following factors must be considered? the requirement that the two persons live together.True or False if the person has a sexual relationship with the other person.True or False the duration of the relationship between the two persons.True or False the nature and intensity of the relationship between the two persons.True or False
the requirement that the two persons live together. False if the person has a sexual relationship with the other person. False the duration of the relationship between the two persons.True the nature and intensity of the relationship between the two persons.True
It would be appropriate to charge an offender with ‘assault with intent to rob’ where violence has been used but the robbery for whatever reason has not been completed.Select one: True False
True
Michael threatens to hit Sylvie after they argue about watching a programme on the television.Michael’s threat of physical abuse would not be classed as violence as it is a single threat only and there must be a number of acts of abuse showing a pattern of behaviour.Select one: True False
False
Select true / false for each of the following statements (.20 of a mark each)When determining the correct charge for an ‘assault’ offence an offenders intent may be identified by: the weapons or degree of force used by the offender. True or False previous similar behaviour exhibited by the offender. True or False the extent of the harm inflicted on the victim. True or False words a witness heard spoken by the offender. True or False the offender’s admission of intent to injure the victim. True or False
the weapons or degree of force used by the offender. True previous similar behaviour exhibited by the offender. False the extent of the harm inflicted on the victim. True words a witness heard spoken by the offender. True the offender’s admission of intent to injure the victim. True
When leaving a house with a set of golf clubs Mary is confronted by the property owner. Mary holds up a screwdriver and yells “if you try and stop me I’ll get you with this”.The threat made by Mary may be sufficient for a charge under section 191 Crimes Act 1961 in relation to the term “by any violent means renders any person incapable of resistance”.Select one: True False
True
On attending an incident you establish that an on-duty constable from your shift has been assaulted by a third party while trying to arrest an offender.Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with ‘assault on police’.Select one: True False
False
A person is in a domestic relationship with another person if the person: is a partner of the other person.True or False is a family member of the other person.True or False has a close personal relationship with the other person.True or False has a landlord-tenant relationship with the other person.True or False
is a partner of the other person.True is a family member of the other person.True has a close personal relationship with the other person.True has a landlord-tenant relationship with the other person.False
The term ‘wilfully neglects’ in relation to section 195 CA 1961 (Cruelty to a child) means:Select one: * causing unnecessary suffering to a child under 16 * a failure for whatever reason to provide care * deliberate or reckless failure to provide care
deliberate or reckless failure to provide care
In the cycle of family violence which two of the following examples are indicators of escalating behaviour?Select one or more: threatening to harm a pet or destroy a valued possession wounds, injuries or disfigures by way of physical violence checking their partner’s cellphone, facebook and emails
- threatening to harm a pet or destroy a valued possession * checking their partner’s cellphone, facebook and emails
During a fight at a very crowded local bar, Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around the head. The injuries to the bar patron consist of a fractured eye socket and fractured skull.The most appropriate way to describe Steve’s actions in the bar is that he:Select one: acted with the intent to injure any person acted with reckless disregard for the safety of others acted with intent to cause grievous bodily harm to any person
acted with reckless disregard for the safety of others
A couple is parked up in a local park when they are dragged out of a car by a group of youths. The youths threaten to punch the female if the male does not hand over the keys to his car. The male gives them the keys and the youths drive off in the vehicle.Is the following statement true or false?As the threats of violence were not directed at the male the youths can only be charged with ‘assault on the female’ and ‘demanding with menaces’Select one: True False
False
Joanne and Steve are both aged 16 years of age. They are twins and live in their family home with their parents. You are called to a family violence occurrence at the address where there is sufficient evidence to arrest Steve for assaulting Joanne. Steve has lost his temper and hit Joanne on previous occasions.A police safety order can be issued against Steve to ensure the safety of his sister Joanne.Select one: True False
False
Joe arms himself with an imitation firearm and successfully robs his local bank of cash.Joe is able to be charged with ‘aggravated robbery’ as the imitation firearm falls within the definition of anything appearing to be an offensive weapon.Select one: True False
True
Josephine is walking along the road when she takes an instant dislike to Mary who is jogging in the opposite direction. Josephine picks up a rock, turns around, and throws it at the back of Mary’s head. The rock misses and Mary fearing for her safety runs away.Josephine should be charged with the offence of ‘attempted assault’ in relation to her actions.Select one: True False
False
Steve goes to his local pub where after a few drinks he gets into an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserve this” and smashes his glass twice into Steve’s face causing the glass to shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket.What is the most appropriate Crimes Act 1961 assault offence?Select one: assault with a weapon (section 202C) wounding with intent (section 188(1)) injuring with intent (section 189(1))
wounding with intent (section 188(1))
In relation to domestic (family) violence the term violence includes: threats of physical, sexual or psychological abuse.True or False sexual abuse.True or False psychological abuse.True or False physical abuse.True or False
threats of physical, sexual or psychological abuse.True sexual abuse.True psychological abuse.True physical abuse.True
Steve and Keith are walking down the road together. Steve is wearing an All Whites football jersey. Henry wants the football jersey so walks up to Keith, punches him in the face, and yells at him to tell Steve to give up his jersey otherwise he will punch him again. Steve fearing that Keith might be hurt takes off his jersey and gives it to Henry.What offence has Henry committed:Select one: ‘aggravated robbery’ as Henry has used violence on more than one person and stolen property ‘theft’ as the vioence was used on Keith but the property was taken from Steve ‘robbery’ as Henry has used violence and stolen property
‘robbery’ as Henry has used vioence and stolen property
The term ‘grievous bodily harm’ in relation to an offence of ‘aggravated robbery’ means:Select one: Actual physical injury Really serious harm Violence causing bodily injury
Really serious harm
During a heated argument between Tom and his wife Alice, Tom loses his temper and kicks Alice twice in the stomach area while she is on the floor. The kick breaks two of Alice’s ribs and causes internal bleeding.The most appropriate charge for the assault on Alice would be ‘male assaults female’ (section 194 CA 1961) as the assault is family violence related.Select one: True False
FalseHigher charge should be sought - Assault with intent to injure
John has used violence to obtain property to which he believes he is entitled to.If a defence of claim of right to a charge of theft is used by John this defence would also negate a charge of robbery.Select one: True False
TrueIf the mental element required for cannot be established there can be no robbery. This may arise in cases where the accused has used violence to obtain property to which the accused believes him or herself to be entitled. This would allow a defence of claim or right to a charge of theft - such a defence will also negate robbery R v Gibbington (1968)
You are dealing with a suspect who has caused injury to a person.The term “to injure” means to cause:Select one:any type of injury to a personreally serious harm to a personactual bodily harm to a person
actual bodily harm to a person
John, a respondent of a protection order, rings his estranged wife to tell her that his mother has been injured in a car accident and is critically ill. He says he wants his 12 year old daughter to see her grandmother before she dies.John has breached the standard non-contact conditions of the protection order. He should be arrested and charged with a breach of protection order.Select one: True False
False
Jim goes into the supermarket on his way home from soft ball practice. He is carrying his soft ball bat in his hand. While waiting in the queue he decides to rob the supermarket and threatens the checkout operator that if he doesn’t hand over the money he will get hit around the head with the bat.If Jim carries through with his plan, he would be liable for ‘aggravatedrobbery’.Although Jim’s initial carriage of the soft ball bat was innocent his later actions would deem it to be an offensive weapon.Select one: True False
True
Sharon is waiting at a taxi stand when she is approached by a patched gang member with extensive facial tattoos. He asks Sharon if she smokes,Sharon is afraid panics and gives the gang member her packet of cigarettes.The most appropriate offence would be ‘robbery’ as Sharon has handed over her property due to the gang members demeanor and look.Select one: True False
False
A dairy owner is punched and tied up. The offender then leaves the dairy owner in the shop and goes to the store room at the rear of the yard and steals two boxes of cigarettes.The offender would not be liable for robbery as the theft of the boxes of cigarettes was not in the immediate presence of the victim.Select one: True False
False
Aaron is ‘punched over’ by his father after staying out overnight and he is badly bruised and shocked. Aaron is 15 years of age. Aaron’s father should be charged with ‘common assault’ as Aaron is 15.Yes or No Aaron’s father should be charged with ‘assault on a child’ as Aaron is 15.Yes or No
Aaron’s father should be charged with ‘common assault’ as Aaron is 15.Yes Aaron’s father should be charged with ‘assault on a child’ as Aaron is 15.No
Two offenders intendto rob an office manager of his laptop computer. They approach the victim and tell him that if he does not hand over his computer they will smash his head in. The victim, believing that he is about to tbe assaulted runs off and keeps possession of his computer.The most appropriate charge in relation to both offenders would be ‘assault with intent to rob’.Select one: True False
True
Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset because he thinks that Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it at Bert. It misses Bert but hits Gloria. This type of assault on Gloria is classed as an ‘indirect assault’.Select one: True False
FalseThis type of assault is classed as Transferred MaliceAny person is not confined to the intended victim. A suspect who intends to harm one person but in fact, harms another, may still be convicted. Mistaken identity is not a defence.Transferred Malice is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be harmed instead. Under the law, the individual causing the harm will be seen as having “intended” the act by means of the “transferred malice” doctrine.Section 2 Crimes Act 1961 Police Manual - Assaults - Definitions
When preparing any opposition to bail for a family violence offender police must consider whether there is: an adequate safety plan in place for the victim and their family.True or False multiple charges faced by the offender.True or False need for the offender to have a cool off period in police custody.True or False a possibility of risk to the safety of the victim’s family.True or False
an adequate safety plan in place for the victim and their family.True multiple charges faced by the offender. False need for the offender to have a cool off period in police custody.True a possibility of risk to the safety of the victim’s family.True
Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns. However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much that they are no longer visible.Which of the following charges is the most appropriate?Select one: with intent to cause grievous bodily harm to anyone, wounds with intent to injure anyone, disfigures with intent to injure anyone, maims
with intent to injure anyone, disfiguresDisfigurement consists of external injury that mars or alters a person’s appearance. The injury or damage need not necessarily be permanent.Section 188 Crimes Act 1961 - CommentaryPolice Manual - Assaults
Jo intends to cause grievous bodily harm to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s forearm.Jo cannot be charged under section 189 of the CA 1961 as the cut would not be classed as grievous bodily harm.Select one: True False
False
You are called to a family violence assault but have insufficient evidence to arrest the violent person. The victim will not tell you what has happened but is adamant that she does not want her partner to leave the family home. Consent from the person at risk is needed before a police safety order can be issued.Select one: True False
False
A risk assessment must be undertaken for all family violence occurrences. The reasons for risk assessment include the following: It can be important to the judiciary when considering oppositions to bail.True or False It leads to identifying the correct support required by victims.True or False It determines how and when to charge an offender.True or False It allows for patterns of behavioural abuse to be seen over time.True or False
It is can be important to the judiciary when considering oppositions to bail.True It leads to identifying the correct support required by victims.True It determines how and when to charge an offender. False It allows for patterns of behavioural abuse to be seen over time.True
John has been detained by police for the purpose of authorisation, issuing and serving of a police safety order. The police safety order has not been issued or served within the two hour time period.As the detained person, John:Select one: must be immediately released from the place of detention can be detained on the authority of an authorised constable can be detained until such time as the order is served
must be immediately released from the place of detention
In a family violence context who does the term “bound person” apply to?Select one: * The first-time family violence offender on bail awaiting court hearing * The person against who a police safety order has been issued * The person unable to remove themselves from serious family violence
The person against who a police safety order has been issued
Amy, a staunch Silver Ferns supporter is walking around the central city when she see’s Lucy wearing a Australian Diamonds beanie. Amy hates any other team other than Silver Ferns so punches Lucy and then kicks her several times in the head when she falls to the ground.As Amy is running away she see’s Lucy’s beanie on the ground and decides to take it.Amy is liable for the offence of ‘robbery’Select one: True False
False
Mary is the respondent of a protection order in relation to her ex partner Josephine. Mary hears through the grapevine that Josephine has a new girlfriend so asks a friend to go around and question Josephine to find out some details. Can Mary be arrested for breaching her protection order when she herself has not approached the protected person?Yes or No Is this a breach of the protection order?Yes or No
Can Mary be arrested for breaching her protection order when she herself has not approached the protected person?Yes Is this a breach of the protection order?YesIt is a breach if the respondent encourages any person to engage in behaviour against a protected person when the behaviour, if engaged in by the respondent would be prohibited by the order.
Michael continually taunts Jo in front of their two primary school aged children about being stupid and fat. Jo does nothing to prevent the children from hearing the abuse.Jo is just as liable as Michael for the psychological abuse of the children as she has allowed the children to hear the taunts of her being stupid and fat.Select one: True False
False
You have been told that David has a rifle in his house and that he repeatedly threatens his wife that he will shoot her if she makes any complaint about him hitting her to the police.The power to enter David’s house without warrant to search for the rifle comes from which Act.Select one: Summary Proceedings Act 1957 Arms Act 1983 Domestic Violence Act 1995
Arms Act 1983
Michael and John are partners and live in the same house. After an argument John calls for Police assistance. You attend the occurrence and find Michael has punched John in the nose. John is bleeding profusely but will not lay a complaint. Michael is angry and threatening. You arrest him on a charge of assault and remove him from the house to attend to John’s immediate safety. Should you issue a police safety order against Michael?Yes or No Should you lawfully detain Michael until he has ‘cooled down’?Yes or No
Should you issue a police safety order against Michael? No Should you lawfully detain Michael until he has ‘cooled down’?YesRefer to: Family violence policy and procedures - Police safety orders - When can a safety order be issued?
John is desperate for some cigarettes. He goes into a dairy puts his finger in his pocket and points it at the dairy owner pretending he has a firearm. The dairy owner gives John two boxes of cigarettes and John flees the scene.John’s actions would be sufficient to charge him with ‘aggravated robbery’ as he has pretended to be armed with a firearm and has stolen cigarettes.Select one: True False
False
Tom intentionally drives his vehicle at slow speed at his neighbour after an argument over trees on the fence line between their two houses.The vehicle clips the neighbour’s leg and causes minor bruising and grazes.Tom’s vehicle could be classed as a “weapon” under section 202C CA 1961. Select one: True False
True
John holds a knife to the throat of a dairy owner while his mate steals cigarettes from behind the counter. In his haste to get away John’s knife causes a small cut to the dairy owner’s neck. For a charge to be successful under section 191 or section 192 of the CA 1961 and with reference to R v Tihi (1989) 2 NZLR 29 (CA) it must be shown that John: meant to cause the specified harm to the dairy owner. True or False foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm. True or False had no intention to cause the specified harm to the dairy owner. True or False made no attempt to warn the dairy owner of the impending harm. True or False
meant to cause the specified harm to the dairy owner. True foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm. True had no intention to cause the specified harm to the dairy owner. False made no attempt to warn the dairy owner of the impending harm. False
Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle.As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away.What is the most appropriate assault offence? common assault (section 9 Summary Offences Act 1981) aggravated assault (section 192 Crimes Act 1961) injuring with intent (section 189 Crimes Act 1961)
aggravated assault (section 192 Crimes Act 1961)
Bill is tagging a fence with a pen. When confronted by the owner, Bill reacts by stabbing him in the chest. Bill flees the scene as he is fearful of arrest.The most appropriate charge in relation to Bill’s actions would be under section 191 CA 1961 - ‘aggravated wounding or injury’Select one: True False
False
Jane punches Kathy. The punch connects with Kathy’s nose and there is a great deal of blood as a result of the bleeding nose.As there is a flow of blood from the nose Kathy has suffered a “wound”.Select one: True False
False
John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend.John approaches Harry, forms a fist and says, “Leave now or you will get this fist in your face”. Harry quickly leaves and you investigate the incident.Which of the following statements is true?Select one: this is an offence of ‘assault’ as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence this cannot be an offence of ‘assault’ as no force was applied to Harry and ‘threatening behaviour’ would be a more suiable charge this cannot be an offence of ‘assault’ as John had no intention of ever harming Harry unless Harry failed to leave the party
this is an offence of ‘assault’ as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence
Marty punches Simon in the head and demands that he hands over his money. Marty’s associate verbally threatens to kick Simon and is standing beside Marty as the victim hands over a $20 note.The actions of Marty would be sufficient to satisfy the requirements of a joint enterprise between two or more persons in relation to ‘aggravated robbery’.Select one: True False
True
During a game of rugby there is some pushing and shoving between the two front rows. Steve falls to the ground and is then trampled on by one of the opposing players as the scrum moves forward.The opposing player cannot be charged with assault as Steve has given implied consent to undergo the reasonable risks associated with the game of rugby.Select one: True False
True
John and Tai are both armed with knives. They threaten their taxi driver that if he doesn’t hand over his money he will be stabbed. The Taxi driver laughs at them and both John and Tai run away without the cash.As John and Tai are together, armed with knives and threatened to stab the taxi driver they would be liable for ‘aggravated robbery’.Select one: True False
False
Margaret is experiencing problems with her 15 year old daughter who lives with her in the family home. Frequently Margaret is the victim of verbal and physical abuse from her daugher and the violence she experiences is escalating. Margaret asks for your advice on obtaining a protection order for herself with her daughter as respondent.Your advice to Margaret will be that she will be able to obtain a protection order from the court.Select one: True False
False
Stan sees Nigel walking along the road with Gloria, Stans ex-girlfriend. Stan is furious. He steps in front of them and says menacingly, “Get off my street or you’ll get this.” Gloria and Nigel are frightened. Stan then raises a fist and demonstrates a punching movement. Can Stan be charged with assault? Yes - because to threaten another is an indirect application of force Yes - because Bert and Gloria have reason to believe Stan can harm them No - because Stan has not actually applied any force to Bert or Gloria
Yes - because Bert and Gloria have reason to believe Stan can harm themThe words “act or gesture” require some sort of physical movement. In most cases, the movement is accompanied by words, and the combination of the two proves the suspect’s intent. Physical contact is not necessary for a threat to constitute an assault. (Crimes Act 1961 Section 2)The raising of the fist is the act or gesture and the context of the words shows that Stan has the intent on threatening Bert. As he is right in front of Bert he has the present ability to apply force. (Police Manual - Assaults - Definitions)
The offence ‘demanding with menaces’ section 239(2) CA 1961, is complete as soon as a person forms the intention to steal property from a person.Select one: True False
False
Stella stands immediately beside and watches her good friend Aroha punch and kick a passing pedastrian so that Aroha can steal her hand bag.Stella’s presence at the robbery without active participation in it is not sufficient for an offence of ‘aggravated robbery’.Select one: True False
True
Jill and Steve have been living together as flatmates for 12 months. Recently Steve has become very aggressive over the rental payments and has threatened that he will do something to Jill if she doesn’t pay her portion of the rent on time.The threats made by Steve would be classed as domestic (family) violence as Steve and Jill are in a domestic relationship.Select one: True False
True
A patched gang memer sits down on a seat next to an elderly lady and asks her for a cigarette. The woman does not answer so the gang member moves closer and says, “give me a cigarette now, you bitch”.Scared by the gang members words and conduct she hands one over.The gang member should be charged with ‘demanding with menaces’.Select one: True False
True
A person can be charged with ‘aggravated assault’ if that person punches a police officer attempting to execute a warrant to arrest in relation to failing to appear in the District Court.Select one: True False
True
You receive information from Susan’s neighbour that she can hear Susan abusing her children at home and has seen her hitting her six year old around the head with the vacuum cleaner hose.Which one of the following Acts contains the most appropriate power to enter Susan’s house without warrant to protect her child from injury?Select one: Care of Children Act 2004 Domestic Violence Act 1995 Children, Young Persons and Their Families Act 1989
Children, Young Persons and Their Families Act 1989
“To injure” is defined in Section 2 of the Crimes Act 1961 as to cause actual bodily harm.”Actual bodily harm” can include: rendering a victim unconscious for a short period of time. True or False a small bruise after the victim has been grasped around the wrist. True or False any hurt or injury calculated to interfere with the victim’s health or comfort. True or False psychiatric injury to the victim if it is some identifiable clinical condition. True or False a black eye as the result of a punch to the face of the victim. True or False
rendering a victim unconscious for a short period of time. True a small bruise after the victim has been grasped around the wrist. False any hurt or injury calculated to interfere with the victim’s health or comfort. True psychiatric injury to the victim if it is some identifiable clinical condition. True a black eye as the result of a punch to the face of the victim. False
To come within the definition of assault the force used must be intentionally applied. Which of the following falls within the specific requirement of “intentional application”. a person tries to strike one person but misses and hits another. True or False a person is reckless and consequently force is applied to another. True or False a person hits one person and force is inadvertently applied to another. True or False an accidental pushing of one person into another person. True or False
a person tries to strike one person but misses and hits another. True a person is reckless and consequently force is applied to another. False a person hits one person and force is inadvertently applied to another. True an accidental pushing of one person into another person. False
Assaults vary in nature and seriousness. Which of the following need to be considered when deciding on the most appropriate assault offence with which to charge an offender. the surrounding circumstances and the nature of the offence. True or False the intentions of the offender. True or False that the offender attempted to apply force on the victim. True or False the degree of harm inflicted on the victim. True or False
the surrounding circumstances and the nature of the offence. Truethe intentions of the offender. Truethat the offender attempted to apply force on the victim. Falsethe degree of harm inflicted on the victim. True
Dave decides to rob the local bank. He leaves a rifle in his vehicle parked down the street from the bank. He goes into the premises and tells the teller that if she doesn’t hand over the money he will go to his car, get his gun and blow her head off.Dave’s actions would be sufficient to satisfy the ‘armed with an offensive weapon’ ingredient of ‘aggravated robbery’.Select one: True False
False
Match the following resultant injuries with the appropriate term (.20 mark each)Choose from: loss of an index finger, fractured skull, facial scarring, gash to leg, loss of consciousness by punch to head grievous bodily harm = injury = wounds = maim = disfigure =
grievous bodily harm = fractured skull injury = loss of consciousness by punch to head wounds = gash to leg maim = loss of an index finger disfigure = facial scarring
Steve and John are play fighting when Steve tells John to punch him in the stomach to prove how hard and toned his abdominal muscles are.John punches Steve twice in the stomach with a closed fist causing minor bruising. John should be charged with common assault.Select one: True False
False
Tai is involved in a fight outside his local bar. He punches Bruce several times in the face and as Bruce hits the ground Bruce’s cellphone falls from his pocket. Tai see’s the cellphone, picks it up and then leaves the scene.The most appropriate charge in relation to the actions of Tai would be robbery:Select one: True False
False
Jo gets into an argument with Steve at a local bar. The argument escalates and in her anger Jo grinds her lit cigarette twice into the face of Steve. The resulting injury consists of two burns. Jo is charged with disfiguring Steve under section 188(2) CA 1961. Shortly after the indicent the two burns are no longer visible. The section 188(2) charge can proceed despite the burns having healed.Select one: True False
True
Shelly and Steve decide to steal some cigarettes from the local dairy. Steve goes into the dairy and threatens the dairy owner with a knife forcing him to hand over cash and boxes of cigarettes. Shelly stays in the car as the get away driver and is unaware that Steve has the knife.Both Shelly and Steve as liable as principals for ‘aggravated robbery’ as they were together at the dairy.Select one: True False
False
Doug and Collin have no money so decide to hide in the bushes and wait for a pedastrian to go by so they can steal that persons cash. As a pedastrian approaches Doug changes his mind and takes off. Collin hits the pedastrian and searches his pockets, he finds no money but takes an MP3 player instead.Collin is liable for which of the following?Select one: ‘theft’ as the intention to steal the MP3 player was only conceived after he realised that the pedastrian had no money ‘robbery’ as he has used violence on the pedastrian and stolen the MP3 player ‘aggravated robbery’ as he was together with Doug when the first hid in the bushes and made the plan
‘robbery’ as he has used violence on the pedastrian and stolen the MP3 player
Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts”, and swings the bottle at Ben’s head. Ben ducks, the bottle shatters against the bar wall and the glass fragments cut the hand and face of a passing pedestrian, Jennifer.Harry could be charged with ‘assault with intent to injure’ in relation to Jennifer.Select one: True False
TrueFor the offence of ‘assault with intent to injure’ to be committed it is not necessary that the person assaulted be the person the defendant was actually intending to injure.Section 193 CA 1961, Police Manual - Assaults
Susan lives with Karen. They have an argument over who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife into Karens chest and lacerating Karen’s lung.In relation to section 188 of the Crimes Act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be:Select one: an injury really serious harm a wound
a wound
George is running down a crowded street. He grabs a shoulder bag of a passing female. He twists her arm as she tries to hold onto her bag. The pain causes her to let go of the bag and George takes off.The most appropriate offence in relation to the actions of George is:Select one: theft as the violence used was minimal and would not constitute robbery theft in relation to the stolen property and assault in relation to the violence robbery as the theft was accompanied by a sufficient level of violence
robbery as the theft was accompanied by a sufficient level of violence
Dave decides to rob the local bank. He leaves a rifle in his vehicle parked down the street from the bank. He goes into the premises and tells the teller that if she doesn’t hand over the money he will go to his car, get his gun and blow her head off.Dave’s actions would be sufficient to satisfy the ‘armed with an offensive weapon’ ingredient of ‘aggravated robbery’.Select one: True False
False
A patched gang memer sits down on a seat next to an elderly lady and asks her for a cigarette. The woman does not answer so the gang member moves closer and says, “give me a cigarette now, you bitch”.Scared by the gang members words and conduct she hands one over.The gang member should be charged with ‘demanding with menaces’.Select one: True False
True
In relation to the ‘intent to steal’ ingredient of ‘demanding with menaces’ the prosecution must show that the offender acted dishonestly and without claim of right.A belief in legal entitlement to demand the thing demanded is therefore a defence.Select one: True False
True
Henry gets into a fight with Steve as he thinks Steve is seeing his girlfriend. He punches and kicks Steve. Steve falls to the ground and is slow to get up.Henry see’s that he has an opportunity and decides to steal Steve’s wallet which is falling out of a pocket but is unsuccessful in taking it from him.Henry should be charged with ‘assault with intent to rob’.Select one: True False
False
Jim goes into the supermarket on his way home from soft ball practice. He is carrying his soft ball bat in his hand. While waiting in the queue he decides to rob the supermarket and threatens the checkout operator that if he doesn’t hand over the money he will get hit around the head with the bat.If Jim carries through with his plan, he would be liable for ‘aggravatedrobbery’.Although Jim’s initial carriage of the soft ball bat was innocent his later actions would deem it to be an offensive weapon.Select one: True False
True
Joe arms himself with an imitation firearm and successfully robs his local bank of cash.Joe is able to be charged with ‘aggravated robbery’ as the imitation firearm falls within the definition of anything appearing to be an offensive weapon.Select one: True False
True
A couple is parked up in a local park when they are dragged out of a car by a group of youths. The youths threaten to punch the female if the male does not hand over the keys to his car. The male gives them the keys and the youths drive off in the vehicle.Is the following statement true or false?As the threats of violence were not directed at the male the youths can only be charged with ‘assault on the female’ and ‘demanding with menaces’Select one: True False
False
Two offenders intendto rob an office manager of his laptop computer. They approach the victim and tell him that if he does not hand over his computer they will smash his head in. The victim, believing that he is about to be assaulted runs off and keeps possession of his computer.The most appropriate charge in relation to both offenders would be ‘assault with intent to rob’.Select one: True False
True
The offence ‘demanding with menaces’ section 239(2) CA 1961, is complete as soon as a person forms the intention to steal property from a person.Select one: True False
False
John is desperate for some cigarettes. He goes into a dairy puts his finger in his pocket and points it at the dairy owner pretending he has a firearm. The dairy owner gives John two boxes of cigarettes and John flees the scene.John’s actions would be sufficient to charge him with ‘aggravated robbery’ as he has pretended to be armed with a firearm and has stolen cigarettes.Select one: True False
False
Sharon is waiting at a taxi stand when she is approached by a patched gang member with extensive facial tattoos. He asks Sharon if she smokes,Sharon is afraid panics and gives the gang member her packet of cigarettes.The most appropriate offence would be ‘robbery’ as Sharon has handed over her property due to the gang members demeanor and look.Select one: True False
False
It would be appropriate to charge an offender with ‘assault with intent to rob’ where violence has been used but the robbery for whatever reason has not been completed.Select one: True False
True
Marty punches Simon in the head and demands that he hands over his money. Marty’s associate verbally threatens to kick Simon and is standing beside Marty as the victim hands over a $20 note.The actions of Marty would be sufficient to satisfy the requirements of a joint enterprise between two or more persons in relation to ‘aggravated robbery’.Select one: True False
True
Paul is waiting at the bus stop talking on his cellphone. He is approached by Andrea and Jill who demand that he hand over his cellphone to them, Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone but Paul manages to get it back from her and the girls run away.Which of the following offences best describes Andrea’s criminal liability?Select one: Assault with intent to rob Aggravated robbery Attempted aggravated robbery
Aggravated robbery
Amy, a staunch Silver Ferns supporter is walking around the central city when she see’s Lucy wearing a Australian Diamonds beanie. Amy hates any other team other than Silver Ferns so punches Lucy and then kicks her several times in the head when she falls to the ground.As Amy is running away she see’s Lucy’s beanie on the ground and decides to take it.Amy is liable for the offence of ‘robbery’Select one: True False
False
The term ‘grievous bodily harm’ in relation to an offence of ‘aggravated robbery’ means:Select one: Actual physical injury Really serious harm Violence causing bodily injury
Really serious harm
John and Tai are both armed with knives. They threaten their taxi driver that if he doesn’t hand over his money he will be stabbed. The Taxi driver laughs at them and both John and Tai run away without the cash.As John and Tai are together, armed with knives and threatened to stab the taxi driver they would be liable for ‘aggravated robbery’.Select one: True False
False
George enters the local dairy. He takes some biscuits from the shelf and hides them under his jacket to exit the store. The dairy owner chases him down the street. George stops running turns and punches the dairy owner in the face and kicks him in the head. The dairy owner falls to the ground as George runs away.As George has used violence to avoid being caught for the theft he would be liable for ‘robbery’.Select one: True False
False
Stella stands immediately beside and watches her good friend Aroha punch and kick a passing pedastrian so that Aroha can steal her hand bag.Stella’s presence at the robbery without active participation in it is not sufficient for an offence of ‘aggravated robbery’.Select one: True False
True
Shelly and Steve decide to steal some cigarettes from the local dairy. Steve goes into the dairy and threatens the dairy owner with a knife forcing him to hand over cash and boxes of cigarettes. Shelly stays in the car as the get away driver and is unaware that Steve has the knife.Both Shelly and Steve are liable as principals for ‘aggravated robbery’ as they were together at the dairy.Select one: True False
False
Phillip has been watching the movements of the local dairy owner. He bikes past the dairy owner on her way to the bank and snatches the dairy owners cash bag from her hand. She is furious but unharmed.The actions of Phillip would be sufficient to constitute the offence of ‘robbery’.Select one: True False
False
Tai is involved in a fight outside his local bar. He punches Bruce several times in the face and as Bruce hits the ground Bruce’s cellphone falls from his pocket. Tai see’s the cellphone, picks it up and then leaves the scene.The most appropriate charge in relation to the actions of Tai would be robbery:Select one: True False
False
As Zoe is walking along the road she see’s a female sitting at the bus stop listening to a pink coloured MP3 player. Zoe decides that she wants it, punches the victim in the face and runs away with the MP3 player.As she gets down the road Zoe changes her mind, returns the property to the victim and apologises.Zoe has committed the offence of robbery.Select one: True False
True
George is running down a crowded street. He grabs a shoulder bag of a passing female. He twists her arm as she tries to hold onto her bag. The pain causes her to let go of the bag and George takes off.The most appropriate offence in relation to the actions of George is:Select one: theft as the violence used was minimal and would not constitute robbery theft in relation to the stolen property and assault in relation to the violence robbery as the theft was accompanied by a sufficient level of violence
robbery as the theft was accompanied by a sufficient level of violence
Steve and Keith are walking down the road together. Steve is wearing an All Whites football jersey. Henry wants the football jersey so walks up to Keith, punches him in the face, and yells at him to tell Steve to give up his jersey otherwise he will punch him again. Steve fearing that Keith might be hurt takes off his jersey and gives it to Henry.What offence has Henry committed:Select one: ‘aggravated robbery’ as Henry has used violence on more than one person and stolen property ‘theft’ as the violence was used on Keith but the property was taken from Steve ‘robbery’ as Henry has used violence and stolen property
‘robbery’ as Henry has used vioence and stolen property
A dairy owner is punched and tied up. The offender then leaves the dairy owner in the shop and goes to the store room at the rear of the yard and steals two boxes of cigarettes.The offender would not be liable for robbery as the theft of the boxes of cigarettes was not in the immediate presence of the victim.Select one: True False
False
John has used violence to obtain property to which he believes he is entitled to.If a defence of claim of right to a charge of theft is used by John this defence would also negate a charge of robbery.Select one: True False
TrueIf the mental element required for cannot be established there can be no robbery. This may arise in cases where the accused has used violence to obtain property to which the accused believes him or herself to be entitled. This would allow a defence of claim or right to a charge of theft - such a defence will also negate robbery R v Gibbington (1968)
Doug and Collin have no money so decide to hide in the bushes and wait for a pedastrian to go by so they can steal that persons cash. As a pedestrian approaches Doug changes his mind and takes off. Collin hits the pedestrian and searches his pockets, he finds no money but takes an MP3 player instead.Collin is liable for which of the following?Select one: ‘theft’ as the intention to steal the MP3 player was only conceived after he realised that the pedestrian had no money ‘robbery’ as he has used violence on the pedastrian and stolen the MP3 player ‘aggravated robbery’ as he was together with Doug when the first hid in the bushes and made the plan
‘robbery’ as he has used violence on the pedestrian and stolen the MP3 player
Assaults vary in nature and seriousness. Which of the following need to be considered when deciding on the most appropriate assault offence with which to charge an offender. the surrounding circumstances and the nature of the offence. True or False the intentions of the offender. True or False that the offender attempted to apply force on the victim. True or False the degree of harm inflicted on the victim. True or False
the surrounding circumstances and the nature of the offence. Truethe intentions of the offender. Truethat the offender attempted to apply force on the victim. Falsethe degree of harm inflicted on the victim. True
Jo gets into an argument with Steve at a local bar. The argument escalates and in her anger Jo grinds her lit cigarette twice into the face of Steve. The resulting injury consists of two burns. Jo is charged with disfiguring Steve under section 188(2) CA 1961. Shortly after the indicent the two burns are no longer visible. The section 188(2) charge can proceed despite the burns having healed.Select one: True False
True
Bill is tagging a fence with a pen. When confronted by the owner, Bill reacts by stabbing him in the chest. Bill flees the scene as he is fearful of arrest.The most appropriate charge in relation to Bill’s actions would be under section 191 CA 1961 - ‘aggravated wounding or injury’Select one: True False
False
Jane punches Kathy. The punch connects with Kathy’s nose and there is a great deal of blood as a result of the bleeding nose.As there is a flow of blood from the nose Kathy has suffered a “wound”.Select one: True False
False
“To injure” is defined in Section 2 of the Crimes Act 1961 as to cause actual bodily harm.”Actual bodily harm” can include: rendering a victim unconscious for a short period of time. True or False a small bruise after the victim has been grasped around the wrist. True or False any hurt or injury calculated to interfere with the victim’s health or comfort. True or False psychiatric injury to the victim if it is some identifiable clinical condition. True or False a black eye as the result of a punch to the face of the victim. True or False
rendering a victim unconscious for a short period of time. True a small bruise after the victim has been grasped around the wrist. False any hurt or injury calculated to interfere with the victim’s health or comfort. True psychiatric injury to the victim if it is some identifiable clinical condition. True a black eye as the result of a punch to the face of the victim. False
Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts”, and swings the bottle at Ben’s head. Ben ducks, the bottle shatters against the bar wall and the glass fragments cut the hand and face of a passing pedestrian, Jennifer.Harry could be charged with ‘assault with intent to injure’ in relation to Jennifer.Select one: True False
TrueFor the offence of ‘assault with intent to injure’ to be committed it is not necessary that the person assaulted be the person the defendant was actually intending to injure.Section 193 CA 1961, Police Manual - Assaults
John holds a knife to the throat of a dairy owner while his mate steals cigarettes from behind the counter. In his haste to get away John’s knife causes a small cut to the dairy owner’s neck. For a charge to be successful under section 191 or section 192 of the CA 1961 and with reference to R v Tihi (1989) 2 NZLR 29 (CA) it must be shown that John: meant to cause the specified harm to the dairy owner. True or False foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm. True or False had no intention to cause the specified harm to the dairy owner. True or False made no attempt to warn the dairy owner of the impending harm. True or False
meant to cause the specified harm to the dairy owner. True foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm. True had no intention to cause the specified harm to the dairy owner. False made no attempt to warn the dairy owner of the impending harm. False
When leaving a house with a set of golf clubs Mary is confronted by the property owner. Mary holds up a screwdriver and yells “if you try and stop me I’ll get you with this”.The threat made by Mary may be sufficient for a charge under section 191 Crimes Act 1961 in relation to the term “by any violent means renders any person incapable of resistance”.Select one: True False
True
Tom intentionally drives his vehicle at slow speed at his neighbour after an argument over trees on the fence line between their two houses.The vehicle clips the neighbour’s leg and causes minor bruising and grazes.Tom’s vehicle could be classed as a “weapon” under section 202C CA 1961. Select one: True False
True
To come within the definition of assault the force used must be intentionally applied. Which of the following falls within the specific requirement of “intentional application”. a person tries to strike one person but misses and hits another. True or False a person is reckless and consequently force is applied to another. True or False a person hits one person and force is inadvertently applied to another. True or False an accidental pushing of one person into another person. True or False
a person tries to strike one person but misses and hits another. True a person is reckless and consequently force is applied to another. False a person hits one person and force is inadvertently applied to another. True an accidental pushing of one person into another person. False
Jo intends to cause grievous bodily harm to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s forearm.Jo cannot be charged under section 189 of the CA 1961 as the cut would not be classed as grievous bodily harm.Select one: True False
False
You are dealing with a suspect who has caused injury to a person.The term “to injure” means to cause:Select one:any type of injury to a personreally serious harm to a personactual bodily harm to a person
actual bodily harm to a person
During a fight at a very crowded local bar, Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around the head. The injuries to the bar patron consist of a fractured eye socket and fractured skull.The most appropriate way to describe Steve’s actions in the bar is that he:Select one: acted with the intent to injure any person acted with reckless disregard for the safety of others acted with intent to cause grievous bodily harm to any person
acted with reckless disregard for the safety of others
Steve goes to his local pub where after a few drinks he gets into an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserve this” and smashes his glass twice into Steve’s face causing the glass to shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket.What is the most appropriate Crimes Act 1961 assault offence?Select one: assault with a weapon (section 202C) wounding with intent (section 188(1)) injuring with intent (section 189(1))
wounding with intent (section 188(1))
During a game of rugby there is some pushing and shoving between the two front rows. Steve falls to the ground and is then trampled on by one of the opposing players as the scrum moves forward.The opposing player cannot be charged with assault as Steve has given implied consent to undergo the reasonable risks associated with the game of rugby.Select one: True False
True
A person can be charged with ‘aggravated assault’ if that person punches a police officer attempting to execute a warrant to arrest in relation to failing to appear in the District Court.Select one: True False
True
Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle.As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away.What is the most appropriate assault offence? common assault (section 9 Summary Offences Act 1981) aggravated assault (section 192 Crimes Act 1961) injuring with intent (section 189 Crimes Act 1961)
aggravated assault (section 192 Crimes Act 1961)
Susan lives with Karen. They have an argument over who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife into Karens chest and lacerating Karen’s lung.In relation to section 188 of the Crimes Act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be:Select one: an injury really serious harm a wound
a wound
Steve and John are play fighting when Steve tells John to punch him in the stomach to prove how hard and toned his abdominal muscles are.John punches Steve twice in the stomach with a closed fist causing minor bruising. John should be charged with common assault.Select one: True False
False
Josephine is walking along the road when she takes an instant dislike to Mary who is jogging in the opposite direction. Josephine picks up a rock, turns around, and throws it at the back of Mary’s head. The rock misses and Mary fearing for her safety runs away.Josephine should be charged with the offence of ‘attempted assault’ in relation to her actions.Select one: True False
False
Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset because he thinks that Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it at Bert. It misses Bert but hits Gloria. This type of assault on Gloria is classed as an ‘indirect assault’.Select one: True False
FalseThis type of assault is classed as Transferred MaliceAny person is not confined to the intended victim. A suspect who intends to harm one person but in fact, harms another, may still be convicted. Mistaken identity is not a defence.Transferred Malice is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be harmed instead. Under the law, the individual causing the harm will be seen as having “intended” the act by means of the “transferred malice” doctrine.Section 2 Crimes Act 1961 Police Manual - Assaults - Definitions
On attending an incident you establish that an on-duty constable from your shift has been assaulted by a third party while trying to arrest an offender.Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with ‘assault on police’.Select one: True False
False
John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend.John approaches Harry, forms a fist and says, “Leave now or you will get this fist in your face”. Harry quickly leaves and you investigate the incident.Which of the following statements is true?Select one: this is an offence of ‘assault’ as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence this cannot be an offence of ‘assault’ as no force was applied to Harry and ‘threatening behaviour’ would be a more suiable charge this cannot be an offence of ‘assault’ as John had no intention of ever harming Harry unless Harry failed to leave the party
this is an offence of ‘assault’ as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence
Stan sees Nigel walking along the road with Gloria, Stans ex-girlfriend. Stan is furious. He steps in front of them and says menacingly, “Get off my street or you’ll get this.” Gloria and Nigel are frightened. Stan then raises a fist and demonstrates a punching movement. Can Stan be charged with assault? Yes - because to threaten another is an indirect application of force Yes - because Bert and Gloria have reason to believe Stan can harm them No - because Stan has not actually applied any force to Bert or Gloria
Yes - because Bert and Gloria have reason to believe Stan can harm themThe words “act or gesture” require some sort of physical movement. In most cases, the movement is accompanied by words, and the combination of the two proves the suspect’s intent. Physical contact is not necessary for a threat to constitute an assault. (Crimes Act 1961 Section 2)The raising of the fist is the act or gesture and the context of the words shows that Stan has the intent on threatening Bert. As he is right in front of Bert he has the present ability to apply force. (Police Manual - Assaults - Definitions)
Match the following resultant injuries with the appropriate term (.20 mark each)Choose from: loss of an index finger, fractured skull, facial scarring, gash to leg, loss of consciousness by punch to head grievous bodily harm = injury = wounds = maim = disfigure =
grievous bodily harm = fractured skull injury = loss of consciousness by punch to head wounds = gash to leg maim = loss of an index finger disfigure = facial scarring
Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns. However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much that they are no longer visible.Which of the following charges is the most appropriate?Select one: with intent to cause grievous bodily harm to anyone, wounds with intent to injure anyone, disfigures with intent to injure anyone, maims
with intent to injure anyone, disfiguresDisfigurement consists of external injury that mars or alters a person’s appearance. The injury or damage need not necessarily be permanent.Section 188 Crimes Act 1961 - CommentaryPolice Manual - Assaults
Select true / false for each of the following statements (.20 of a mark each)When determining the correct charge for an ‘assault’ offence an offenders intent may be identified by: the weapons or degree of force used by the offender. True or False previous similar behaviour exhibited by the offender. True or False the extent of the harm inflicted on the victim. True or False words a witness heard spoken by the offender. True or False the offender’s admission of intent to injure the victim. True or False
the weapons or degree of force used by the offender. True previous similar behaviour exhibited by the offender. False the extent of the harm inflicted on the victim. True words a witness heard spoken by the offender. True the offender’s admission of intent to injure the victim. True
Harry sees Melanie and her 15 year old son walking into the mall. Harry approaches and begins arguing with Melanie. Melanie’s son intervenes and Harry punches him in the chest.Harry should be charged with ‘assault on a child’.Select one: True False
FalseTo succeed with a charge of ‘assault on a child’ you must prove that the child assaulted was under the age of 14 years. Sectio 194(a) Crimes Act 1961 Police Manual - Assaults - Definitions
Bobby should be charged with being a party. To the offence of robbery.
False.
Bobby should be charged with the theft of $650 cash from the secondhand store.
False.
Section 235 crimes act 1961 aggravated robbery.Considering this legislation what is the liability if Bobby and Nathan for the offence of aggravated robbery in relation to the second hand store.
Neither Bobby or Nathan are liable.
At what point in the scenario involving Nathan and Bobby is robbery complete.
When Nathan received $650 from the shop assistant.
The intervening member of the public has suffered a fractured skull and severe facial wounds after being hit around the head with the road come.Nathan and Bobby are both liable for the aggravated wounding of the member of the public.
False.
Doug and Collin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal that persons cash. As a pedestrian approaches Doug changes his mind and takes off. Colin hits the pedestrian and searches his pockets. He finds no money but takes an MP3 player instead. Colin is liable for which if the following.
Robbery
John has used violence to obtain property to which he believes he is entitled to.If a defence of claim of right to a charge of theft is used by John this defence would also negate a charge of robbery.
True.
Tai is involved in a fight outside his local bar. He punches Bruce several times in the face as Bruce hits the ground Bruce’s cellphone falls from his pocket.Tai sees the cellphone, picks it up and then leaves the scene.The most appropriate charge in relation to the actions of tai would be robbery.
False.
Phillip has been watching the movements of the local dairy owner. He bikes past the dairy owner on her way to the bank and snatches the dairy owners cash bag from her hand, she is furious but unharmed.The actions of Phillip would be suffice to to constitute the offence of robbery.
False.
George is running down a crowded street. He grabs the shoulder bag of a passing female. He twists her arm as she tries to hold on to her bag. The pain causes her to let go of the bag and George takes off. The most appropriate offence in relation to the actions of George is.Select one.
Robbery as the theft was accompanied by a sufficient level of violence.
Steve and Keith are walking down the road together. Steve is wearing an all whites football jersey. Henry wants the football jersey so walks up to Keith. Punches him in the face and yells at him to tell Steve to give up his jersey otherwise he’ll punch him again, Steve fearing that Keith might be hurt takes off us jersey and gives it to Henry.What offence has Henry committed?
Robbery.
A dairy owner is inched and tied up. The offender then leaves the dairy owner in the shop and goes to the storeroom at the rear of the yard and steals two boxes of cigarettes.The offender would not be liable for robbery as the theft of the boxes of cigarettes was not in the immediate presence of the victim.
False.
As Zoe is walking along the road she sees a female sitting at the bus stop listening to a pink colours MP3 player. Zoe encoded that she wants it, punches the victim in the face and runs away with the MP3 player. As he gets down the road, Zoe changes her mind, returns the property to the victim and apologies.Zoe has committed the offence of robbery.
True.
George enters the local dairy. He takes some biscuits from a shelf and hides them under his jacket to exit the store. The dairy owner chases him down the street. George stops running, turns and punches the dairy owner in the face and kicks him in the head. The dairy owner falls to the ground as George runs away.As George has used violence to avoid being caught for the theft he would be liable for robbery.
False.
Stella stands immediately beside and watched her good friend aroma punch and kick a passing pedestrian so that aroma can steal her handbag.Stella’s presence at the robbery without active participation in it’s not sufficient for an offence of aggravated robbery.
True.
The term grievous bodily harm in relation to an offence of aggravated robbery means.
Really serious harm.
John and tai are both armed with knives, they threaten their taxi driver that if he doesn’t hand over his money he will be stabbed, the taxi driver laughs at them both and John and tai run away without the cash.As John and tai are together, armed with the knives and threaten to stab the taxi driver would they both be liable for aggravated robbery.
False
Amy, a staunch silver ferns supporter is walking around the central city when she sees Lucy wearing an Australian diamonds beanie. Amy hates any other team other than the silver ferns so punches ouch and then kicks her several times in the head when she falls to the ground.As Amy is running away she sees Lucy’s beanie on the ground and decides to take it.Amy is liable for the offence of robbery.
False.
Nathan and Bobby are hanging out in town. Bobby wants to look at some guitars in the local second hand store. They go in to the shop and have a good look around.Nathan goes up to the female shop assistant and yells at her saying that he will punch her in the head unless she hands over the contents of the till.Frightened by Nathan’s actions the shop assistant hands over $650 cash. Bobby wonders what Nathan is up to and says what are you doing?Nathan then yells to Bobby and the both run out of the shop and take off down the road pursued by the shop manager. A member of the public grabs Nathan as he runs down the road and attempts to hold on to him. Bobby seeing what is happening to Nathan grabs an early road come and hits the man around the head several times with the one until he lets Nathan go. Nathan and Bobby continue running from the scene and when they think they are safe start arguing with each other. Bobby is angry that the police will now be after them, Nathan gives him $200 cash taken from the shop and tells Bobby to keep his outshot. Bobby is more than happy to pocket the $200 and buys Nathan a drink to celebrate. Considering the liability of Nathan and bobby for the taking of the $650 which of the following charges is most appropriate.
Robbery as Nathan threatened violence and obtained $650 cash from the shop assistant
Shelley and Steve decide to steal some cigarettes from their local dairy. Steve goes in to the dairy and threatens the dairy owner with a knife forcing him to hand over cash and boxes of cigarettes. Shelley stays in the car outside as the getaway driver and is unaware that Stevens the knife.Both Shelley and Steve are liable as principals for aggravated robbery as they were together at the dairy.
False.
Marty punches Simon in the head and he hands over his money. Marty’s associate verbally threatens to kick Simon and is standing beside marty as the victim hands over a twenty dollar note.The actions of Marty would be sufficient to satisfy the requirements if a joint enterprise between two or more persons in relation to aggravated robbery.
True.
Paul is waiting at the bus stop talking in his cellphone. He is approached by Andrea and Jill who demand that he hand over the cellphone to them. Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone but Paul manages to get it back from her and the girl runs away.Which of the following offences best describes Andrea’s criminal liability
Aggravated robbery.
A couple is parked duo in a local park when they are dragged out of the car by a group of youth. The youths threaten to ouch the female if the male does not hand over the keys to his car. The male gives them the keys and the youths drive off in the vehicle.Is the following statement true or false?As the threats of violence were not directed at the male the youths can only be charged with assault on the female and demanding with menaces.
False.
It would be appropriate to charge an offender with assault with intent to rob where violence has been used but the robbery for whatever reason has not been Completed.
True.
A patched gang member sits down on a seat next to an elderly lady and asks her for a cigarette. The women does not answer to the gang member moves closer and says give me a cigarette now you bitch. Scared by the Gang members words and conduct she hand one over.The gang member should be charged with demanding with menaces in relation to his actions.
True
John is desperate for some cigarettes. He goes in to a dairy and puts his finger in his Pocket and points at the dairy owner pretending that he has a firearms. The dairy owner gives John two boxes of cigarettes and John flees the scene.Johns actions would be sufficient to charge him with aggravated robbery as he has pretended to be armed with a firearms and has stolen the cigarettes.
False.
Jim goes in to the supermarket on his way home from softball practice. He is carrying his softball bat in his hand. While waiting in the queue he decides to rob the supermarket and threatens the checkout operator that if he doesn’t hand over the money he will get hit around the head with the bat.If him carries through with his plan her would be liable for aggravated robbery. Although Jims initial carriage of the softball bat was innocent his later actions would deem it to be an offensive weapon.
True.
In relation to the intent to steal ingredient of demanding with menaces the prosecution must show that the offender acted dishonestly and without claim of right.A belief in a legal entitlement to demand the thing demanded is therefore a defence..
True.
Joe arms himself with an imitation firearm and successfully robs his local bank of cash.Joe is able to be charged with aggravated robbery as the imitation firearm falls within the definition of anything appearing to be an offensive weapon.
True.
Dave decides to rob the local bank. He leaves a rifle in his vehicle parked down the street from the bank. He goes in to he premises and tells the teller that if she doesn’t hand over the money he will go to his car. Get his gun and flow her head off.Saves actions would be sufficient to satisfy the armed with an offensive weapon ingredient of aggravated robbery.
False
The offence demanding with menaces section 239(2) crimes act 1961, is complete as soon as person forms the intention to steal property from a person.
False.
Sharon is waiting at a taxi stand when she is approached by a patched gang member with extensive facial tattoos. He asks Sharon if she smokes, Sharon is afraid panics and gives the gang member her packet of cigarettes.The most appropriate offence would be robbery as Sharon has handed over her property due to the gang members demeanour and look.
False.
Henry gets into a fight with Steve as he thinks Stevens seeing his girlfriend. He punches and kicks Steve. Steve falls to the ground and is slow to get up.Henry seems he has an opportunity and decides to steal Steves wallet which is falling out of a pocket but is unsuccessful in taking it from him.Henry should be charged with assault with intent to rob.
False.
Two offenders intent to rob an office manager of his laptop computer. They approach the victim and tell him that if he does not hand over his computer they will smash his head in. The victim, believing that he is about to be assaulted, runs off and keeps possession of his computer. The most appropriate charge in relation to both offenders would be assault with intent to rob.
True.
On attending an incident you establish that an on-duty constable from your shift has been assaulted by a third party while trying to arrest an offender.Section 10 of the summary offences act 1981 is the only offence that specifically deals with ‘assaults on police’.
False.
John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex girlfriend, John approaches Harry, forms a fist and says “leave now or you will get this fist in your face” harry quickly leaves and you investigate the incident.Which of the following statements is true,
This is an offence of assault as Harry was threatened by John and his words, and gesture and the placing of a condition on the threat does not negate the offence.
Gary sees best walking along the road with Gloria his ex girlfriend. Gary is upset because he thinks berets tole Gloria from him. Gary picks up an empty plastic rubbishy bin and throws it at best. It misses best but hits GloRIA.This type of assault on Gloria is classed as an indirect assault. True or false.
False.
Stan sees Nigel walking along the road with Gloria, stand ex girlfriend. Stan is furious. He steps in front of them and says menacingly. Get off my street or you get this. Gloria and Nigel are frightened, Stan then raises a fist and demonstrates a punching movement. Can Stan be charged with assault?
Yes - because bert and Gloria have reason to believes tan can harm them.
Select true or false for each of the following statements. When determining the correct charge for an assault offence an offenders intent may be identified by.
The extent of the harm inflicted on the victim. TrueThe weapons or degree of force used by the offender. True.Previous similar behaviour exhibited by the offender. False.Words a witness heard spoken by the offender. True. The offenders admission of intent to injure the victim. True.
Match the following resultant injuries with the appropriate terms.
Wounds - gash to leg.Disfigure - facial scarring.Injury - loss of conciousnessMaim - loss of an index finger. Grievous bodily harm - fractured skull.
Harry sees Melanie and her 15 year old son walking into the mall. Harry approaches and begins arguing with Melanie. Melanie’s son intervenes and Harry punches him in the chest.Should Harry be charged with assault on child.
False
Steve and John are play fighting when Steve tells John to punch him in the stomach to prove how hard toned his abdominal muscles are.John punches Steve twice in the stomach with a closed fist causing minor bruising.John should be charged with common assault.
False.
Steve goes to his local pub where after a few drinks he gets into an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserve this” and smashes his glass to shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket.What is the most appropriate Crimes act 1961 assault offence?
Wounding with intent.
During a game of rugby there is some pushing and shoving between the two front rows. Steve falls to the ground and is then trampled on by one of the opposing players as the scrum moves forward. The opposing player cannot be charged with assault as Steve has given consent to undergo the reasonable risks associated with the game of rugby.
True.
Joe and Steve break in to a vehicle parked up a residential driveway, they rip the gps system from the dashboard and take a mountain bike from the boot of the vehicle.As they run down the driveway they are confronted the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and joe and Steve run away.What is the most appropriate assault offence?
Aggravated assault.
A person can be charged with aggravated assault if gators on punches a police officer attempting to executes warrant to arrest in relation to failing to appear in the district court.
True.
Susan lives with Karen. They have an argument over who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife in to Karen’s chest and lacerating Karen’s lung. In relation to section 188 of the crimes act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be.
A wound
Josephine is walking along the road when she takes an instant dislike to Mary who is jogging in the opposite direction . Josephine picks up a rock, turns around. And throws it at the back of Mary’s head. The rock misses and Mary fearing for her safety runs away.Josephine should be charge with the offence of attempted assault in relation to her actions.
False.
You are dealing with a suspect who has caused an injury to a person. The term to injure means to cause.
Actual bodily harm to a person.
During a fight at a very crowded local Bar. Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around the head. The injuries to the bar patron consists of a fractured eye socket and fractured skull. The most appropriate way to describe Stevens actions in the bar is that he.
Acted with reckless disregard for the safety of others.
Jo intends to cause grievous bodily harm to Steve, he attacks him with a knife but only managed to make one shallow cut across Stevens forearm.Job cannot be charged under section 189 of the crimes act as the cut would not be classed as gre ions bodily harm.True or false.
False
Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts” and swings the bottle at bend head. Ben ducks, the bottle shatters against the bar wall and the glass fragments cut the hand and face of a swing pedestrian, Jennifer.Harry could be charged with assaults with intent to injure in relation to Jennifer.True or false.
True.
Bill is tagging a fence with a pen. When confronted by the owner bill reacts by stabbing him in the chest. Bill flees the scene as he is fearful of the arrest.The most appropriate charge in relation to bills actions would be under section 191 crimes act 1961. - aggravated wounding or injury.
False.
To come with the definition of assault the force used must be intentionally applied. Which of the following falls within the specific requirement of intentional application.
A person tries to stroke one person but misses and hits another. True.A person is reckless and consequently force is applied to another. False.An accidental pushing of one person in to another person. False. A person hits one person and force is inadvertently applied to another. True.
When leaving a house with a set of golf clubs Mary is confronted by the property owner. Mary holds up a screwdriver and yells, if you try and stop me I’ll get you with this.The threat made by Mary may be sufficient for a charge under section 191 crimes act 1961 in relation to the term “by any violent means renders any person incapable of resistance”.
True
Assaults vary in nature and seriousness. Which of the following need to be considered when deciding on the most appropriate assault offence with which to charge and offender,
The surrounding circumstances and the nature of the offence. True.The intentions of the offender. True.That the offender attempted to apply force on the victim. False.The degree of harm inflicted on the victim. True.
Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns.However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much they are no longer visible. Which if the following charges is the most appropriate.
With intent to injure anyone, disfigures.
“To injure” is defined in section 2 of the crimes act 1961 as to cause grievous bodily harm.”Actual bodily harm” can include.
A black eye as a result of a punch to the face of the victim. False.Psychiatric injury to the victim if it is some identifiable clinical condition. True.A small bruise after the victim has been grasped around the wrist. False.Rendering a victim unconscious for a short period of time. True. Any hurt or injury calculated to interfere with the victims health or comfort. True.
Tom intentionally drives his vehicle at slow speed at his neighbour after an argument over trees on the fence line between their two houses.The vehicle clips the neighbours leg and causes minor bruising and grazes.Toms vehicle could be classed as a weapon under section 202c crimes act 1961.
True.
Jane punches Kathy, the punch connects with kathys nose and there is a great deal of blood as a result of the bleeding nose. As there is a flow of blood from the nose Kathy has suffered a wound.
False.
Jo gets into an argument with Steve at a local bar. The argument escalates and in her anger jo grinds her lit cigarette in to the face of Steve. The resulting injury consists of two burns.Jo is charged with disfiguring Steve under section 188(2) crimes act 1961. Shortly after the incident the two burns are no longer visible. The section 188(2) charge can proceed despite the burns having healed.
True.
John holds a knife to the throat of a dairy owner while his mate steals cigarettes from behind the counter. In his haste to get away johns knife causes a small cut to the dairy owners neck. For a charge to be successful under section 192 or section 192 of the crimes act 1961 And with reference to r v this 2 nzlr29 it must be shown that John.
Made no attempt to warn the dairy owner of the impeding harm. False.Foresaw that the actions were likely to expose others to the risk suffering the harm. True.Meant to cause the specified harm to the dairy owner. True.Had not intention to cause the specified harm to the dairy owner. False.
To satisfy the ingredients for robbery, do you have to prove theft
Yes
If an offender commits robbery and then returns the property, can you still charge with robbery
Yes - has still committed robbery
If offender ties the victim up and then steals from another room, is appropriate charge still robbery
Yes
Is it robbery if offender uses violence and takes MP3 but wanted money?
Yes
Is a bag snatch where offender twists victims arm causing pain a sufficient level of violence for robbery
Yes
If offender punches one person and steals from another, is it still robbery
Yes
If offender grabs cash from victim without using any violence, is it robbery
No
If offender is armed with knives but don’t get cash at a hold up, can you prove robbery
No because you can’t prove a theft
If offender assaults victim and then steals beanie, is that robbery
No - assault accompanied by theft
If offender steals biscuits and then is chased by the victim so assaults victim, is that robbery
No
If a person watches their friend commit robbery, is person liable to aggravated robbery
No
What does GBH in an Aggravated Robbery mean
Really serious harm
Is a joint enterprise between 2 or more people enough to prove aggravated robbery
Yes
Is it robbery if the offender picks up the victims wallet after the assault
No - assault accompanied by theft
Is it Aggravated Robbery if the offenders only have the stolen phone for a few seconds
Yes
Is the driver of a getaway car liable if they didn’t know about a knife hold up
No
If a gang member says to the victim “give me your cigarettes now you bitch” is that enough for Demands with Menace”
Yes
When is the charge of Assault with Intent to Rob most appropriate
When violence is used but robbery not completed
If offender threatens victim for their property but the victim runs away and the offender doesn’t get the property, what is the most appropriate charge
Assault with Intent to Rob because the threats are sufficient
If offender uses there finger to pretend they have a gun, is that sufficient enough to charge with Aggravated Robbery
No - offender must be armed with “anything”
Is it a defence against the ‘intent to steal’ ingredient of ‘demands with menace’ charge if the person is legally entitled to demand
Yes
If a person has a weapon legitimately (baseball bat) - then uses it to rob the victim, what type of robbery is this
Aggravated Robbery
What is the Aggravated Robbery definition of an offensive weapon
‘Anything appearing to be an offensive weapon - imitation firearm
If 2 males are fighting over a girlfriend and one tries to take the others wallet but misses it, is that enough for Assault with Intent to Rob
No
If a gang member asks a person if they smoke and the person is scared so hands their cigarettes to the gang member, is that enough for Robbery
No
If an offender leaves a gun in their car and robs bank with threats to return to bank with gun, is that enough to satisfy ‘armed with offensive weapon’ ingredient for ‘aggravated assault’ charge
No
Is ‘demanding with menaces’ offence completed when offender forms intention to steal
No - demand must be made before offence is complete
Does there need to be many threats of violence for a breach of protection order
NoIt can be any threats, including a single threat
What is wilfully neglects (cruelty to child)
Deliberate or reckless failure to provide care
How old must the recipient of a PSO be
18
What is a Domestic Relationship
- close personal relationship- partner- family memberNote: not a landlord/tenant relationship
What age is a CHILD for an Assault on Child charge
14
Is it a breach of protection order if respondent contacts applicant of order for a valid reason - such as death in family
No
Do police need to get consent from a person before they can issue PSO
No
With regards to a PSO, who is the ‘bound person’
The person the PSO is being issued against
How long can a person be detained to be issued a PSO before they must be released
2hrs
In domestic violence, what does VIOLENCE mean
- Physical - psychological- sexual- threats of physical, psychological or sexual
If there has been violence and/or injury, should you issue a PSO
No - lawfully detain or arrest
When preparing an OTB, what must you consider
- need for offender to cool off- risk to victim- safety planNote: not multiple charges
Examples of Escalating Behaviour
- checking phone and email- threatening to harm pet or destroy property
Do you have a power to enter for a breach of PSO
No
Examples of Heightened Risk
- violence increasing in frequency and severity- attempted strangulation
Do Flatmates come under the condition of a Domestic Relationship
Yes
If a female victim of a family violence incident suffers from internal bleeding as a result of an assault by a male, must your charge be MAF just because it is family violence
No
Do police have a power of entry to search for a gun if family violence related
Only if he makes threats to shoot the victim and she makes a complaintArms Act 1983
How old does the respondent of a protection order have to be
18
If a couple have an argument in front of their children is the person who suffers liable
No
What are the reasons for Risk Assessments
- patterns to be seen over time- identify support needed- considering bailNote: not for how and when to charge
What are the factors in determining a Personal Relationship
- nature and intensity- duration betweenNote: they do. It have to live together or be in a sexual relationship
Where is police Power of Entry for Children’s Safety
CYPF ACT 1989
Is it a breach of protection order if the respondent sends a friend to the applicants house
Yes
3 Specific Assaults Police offences
Sec.10, SOA - Assaults PoliceSec.198(A)(1), CA - Firearm against Law Enforcement OfficerSec.192(2), CA - Aggravated Assault on Police
What is the appropriate charge for - cigarette burns to face
With intent to injure, DISFIGURES(External injury that alters appearance)
What is the correct age to charge for Assaults Child
Must be under 14years
What 4 things is INTENT determined by
Words witness heardAdmission of intentExtent of harmWeapons or degree of force used
Is INTENT determined by Past Behaviour
No
An example of Doctrine of Transferred Malice
Throw a bin but miss intended target and hit someone else
Example of:INJURYWOUNDSDISFIGUREGBHMAIM
Injury - lose consciousness by punch to headWounds - gash to legDisfigure - facial scarringGBH - fractured skullMaim - lose finger
An example of a Conditional Threat
“Now leave or you’ll get this in your face”A conditional threat is an assault. The condition does not negate the offence.
If an offender raises their fist and demonstrates a punch and the victim believes the offender can harm them, is this an assault
Yes
What is the appropriate charge for:Reckless in a bar with a pool cue
Acted with reckless disregard, for the safety of others
What type of injury is:A stab wound with a lung puncture
Wound
If an offender throws a rock at the victim but misses, is this an assault
Yes
Scenario - punch victim in face when confronted trying to steal a carWhat is appropriate charge
Aggravated Assault(Aggravating feature - facilitate flight)
Is there a charge for mutual play fighting
No
In a rugby game, is there implied consent to undergo reasonable risks associated with the game
Yes
What does injure mean
To cause actual bodily harm
Scenario - officer punched when doing 2W (wta)What is appropriate charge
Aggravated Assault on Police - sec 192(2)
Scenario - intentionally smashing glass in face twiceWhat is appropriate charge
Wounding with Intent
Scenario - if offender threatening with screwdriver to facilitate crime or escapeWhat is appropriate charge and why
Aggravated Wounding because:’By any violent means, rendered any person incapable of resistance’
If offender intends to cause GBH but only makes a shallow cut, can you still charge for GBH
Yes
Is a wound- skin broken- internal injury- nose bleed
YesYesNo
What must you prove for Aggravated Assault or Wounding charge
- offender foresaw that their actions were likely to expose others to risk or harm- offender meant to cause harmNote: it doesn’t matter if the offender has no intent or made no warning
If Assault with Intent to Injure when victim is not directed target, can you still charge with Intent to Injure
YesIt doesn’t matter if the the victim was the intended target or not
What does Actual Bodily Harm include
- unconsciousness- psychological issue- any hurt or injury interfering with the health of the victimNote: does not include black eye or bruise
Things to consider when dealing with Assault
- degree of harm- intentions- surrounding circumstancesNote: not that the offender attempted to apply force
Re: Assault with a Weapon, Sec.202C does “Anything” include a vehicle
Yes because “anything” is not defined
Does Disfigurement need to be permanent for Wounding with Intent to Injure charge - Sec.188(2)
No
What must you prove for any Aggravated Wounding or Injury charge Sec.191
The commission or attempted commission of a crimeNote: not anything under SOA
What is Intentional Application
- trying to strike but hits another- inadvertently hits anotherNote: not pushing or reckless and inadvertently applied
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 byWeapons or degree of force usedWords a witness heard spoken by offenderOffenders admissions of intent to injure the victimExtent harm inflected on victimPrevious similar behaviour exhibited by offender
True TrueTrueTrueFalse
“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 injuriesFractured skullGash to legLoss of index fingerFacial scaringLoss of consciousness
GBHwoundsMaimDisfiguresInjury
Throw bin at someone but misses and hits someone else. A this indirect assault
False
During rugby game get trampled by opposing playerIs 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 assaultThe surrounding circumstances and the nature of the offenceThe intentions of offenderThe offenders attempted to apply force to victimDegree of harm inflected on victim
True TrueFalseTrue
For charge under 191 or 192 of crimes act it must be shown thatHad no intention to cause the specified harmMade no attempt to warn of impending harmForesaw that actions undertaken were likely to expose others riskMeant to cause the harm
False FalseTrueTrue
Argument with neighbour so drive into him at slow speed and clip legCan 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 anotherPerson hits one person and force inadvertently applied to anotherAccidental push of one person into anotherA person reckless and consequently force applied to another
TrueTrueFalseFalse
Can still charge with disfigures after burns from cigarette healed
True
Actual bodily harm can includePsychiatric injury to the victim of it some identifiable conditionRender victim unconscious for a short period of timeHurt or injury calculated to interfere with victims healthA black eye as result of a punch to faceSmall bruise on wrist after being grabbed
TrueTrueTrueFalseFalse
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 abusePsychological abuseThreatsSexual abuse
A person in domestic relationship if:Is a partner of other personHas a close personal relationshipIs a family memberHas a landlord - tenant relationship
Yes YesYesNo
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
YesNo
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?
NoYes
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 emailsThreatening to harm a pet or valuable possession
Victims of family violence considered at heightened risk of injury
When attempted strangulation has occurredWhen violence is increasing in frequency and severity
Does person have close personal relationship.Requirement that two people live togetherNature and intensity of relationshipHave a sexual relationshipDuration of relationship
FalseTrueFalseTrue
Two flat mates living together for 12 months. Is this classed as domestic relationship
True
Risk assessment for family violence occurrencesDetermines how and when to charge offenderImportant when doing op to bailIdentifying correct support for victimsAllows patterns of behaviour to be seen over time
FalseTrueTrueTrue
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 custodyMultiple charges facing offenderAdequate safety plan in place for victim and familyPossibility of risk to the safety of victims family
TrueFalseTrueTrue
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 exampleConsider 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 exampleShould B be charged with being a party to the offence of robbery
False
Massive exampleB should be charged with the theft of the $650 from the secondhand store
False
Massive exampleN and B are both liable for the aggravated wounding of the member of public who interviewed
False
Massive exampleWhat is the liability of B and N for the offence or aggravated robbery
Neither B or N are liable
Massive exampleAt 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 awayCriminal 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
What are the elements of Aggravated assault?
You must prove the identity of the suspect and they:with intent to:- committed of facilitated the commission of any imprisonable offence, or- avoid detection of self/another in commission of any imprisonable offence, or- avoid arrest or facilitate flight of self/another upon commission or attempted commission of any imprisonable offence- assaulted any other personYou must prove the intent of the offender:- in relation to the commission or attempted commission of an imprisonable offence, and- to assault
What are the elements of Aggravated wounding?
You must prove the identity of the suspect and they:with intent to:- committed of facilitated the commission of any imprisonable offence, or- avoid detection of self/another in commission of any imprisonable offence, or- avoid arrest or facilitate flight of self/another upon commission or attempted commission of any imprisonable offence- wounds, maims, disfigures or causes grievous bodily harm to any person, or- stupefies a person, or- renders a person unconscious, orby any violent means renders any person incapable of resistance.
What are the elements of Aggravated injury?
You must prove the identity of the suspect and they:with intent to:- committed of facilitated the commission of any imprisonable offence, or- avoid detection of self/another in commission of any imprisonable offence, or- avoid arrest or facilitate flight of self/another upon commission or attempted commission of any imprisonable offence- injured any personYou must show the offender intended to injure as well as commit the offence.
What are the elements of Assault by male on female?
You must prove the identity of the suspect and that he is a male, and that he assaulted a female.
What are the elements of Assault on a child?
You must prove the identity if the suspect and that they assaulted a child under the age of 14 years.
What are the elements of Assault on police, traffic or prison officer?
You must prove the identity of the suspect and that they:- assaulted any:- Police constable, or- Traffic officer, or- Correctional officer- Who was acting in the execution of their duty
What are the elements of Assault with a weapon?
You must prove the identity of the suspect and that they:- in assaulting a person- used anything as a weaponOr- while assaulting any person- had any thing with them- in circumstances that prima facie showed an intent to use it as a weapon.
What are the elements of Assault with intent to injure?
You must prove the identity of the suspect and that they:- with intent to cause actual bodily harm- assaulted any person
What are the elements of Common assault?
You must prove the identity of the suspect and that they assaulted any person
What are the elements of Ill-treatment or neglect of child or vulnerable adult?
You must prove the identity of the suspect and that they:are a person who:- has actual care or charge of the victim, or- is a staff member of any hospital, institution, or residence where the victim residesIntentionally- engaged in conduct that, or- omits to discharge, or perform any legal duty, the omission of which,- is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult if the conduct is engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.
What are the elements of Discharging firearm or doing dangerous act with intent - intent to cause grievous bodily harm?
You must prove the identity of the suspect and that they:with intent to do grievous bodily harm:- discharged any firearm, airgun, or other similar weapon at any person, or- sent or delivered to any person, or put in any place, any explosive or injurious substance or device, or,- set fire to any property
What are the elements of Discharging firearm or doing dangerous act with intent - intent to injure
You must prove the identity of the suspect and that they:with intent to injure, or- with reckless disregard for the safety of others:- discharged any firearm, airgun, or other similar weapon at any person, or- sent or delivered to any person, or put in any place, any explosive or injurious substance or device, or,- set fire to any property
What are the elements of Injuring by unlawful act?
You must prove the identity of the suspect and that:- their act or omission- resulted in injury to any personin circumstances that if death occurred it would be considered manslaughter
What are the elements of Injuring with intent to cause grievous bodily harm?
You must prove the identity of the suspect and that they:- with intent to cause grievous bodily harm to anyone- injured any person
What are the elements of Injuring with intent to injure?
You must prove the identity of the suspect and that they:- with intent to injure anyone, or- with reckless disregard for the safety of others:- injured any person
What are the elements of Using a firearm against law enforcement officer?
You must prove the identity of the suspect and that they:- used any firearm- in any manner- against a constable, traffic officer or prison officer acting in the execution of their duty- knowing, or being reckless as to whether, that person is a constable, traffic officer or prison officer.
What are the elements of Using a firearm to resist arrest?
You must prove the identity of the suspect and that they:- used any firearm- in any manner- with intent to resist lawful arrest or detention of themselves or any other person
What are the elements of Commission of a crime with firearm?
You must prove the identity of the suspect and that they:- in committing any imprisonable offence, used a firearm, or while committing any imprisonable offence has any firearm with them- in circumstances that prima facie show an intent to use it in connection with the imprisonable offence
What are the elements of Wounding with intent to cause grievous bodily harm?
You must prove the identity of the suspect and that they:with intent to cause grievous bodily harm to anyone:- wounded, or- maimed, or- disfigured, or- caused grievous bodily harm to- any person
What are the elements of Wounding with intent to injure?
You must prove the identity of the suspect and that they:with intent to injure anyone, or- with reckless disregard for the safety of others:- wounded, or- maimed, or- disfigured, or- caused grievous bodily harm to- any person
What are the elements of Robbery?
(1) Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen(2) Everyone who commits robbery is liable to imprisonment for a term not exceeding 10 years.
When proving the element of possession, what two things do you have to prove?
1 - The physical element, it can be actual or potential. Actual possession is when it is in the persons physical control or custody, potential is when the person has the potential to have the item in their control. For example having it stored at an associates house etc.2 - The mental element, the person must have both the knowledge they possess the item and have an intent to possess the item.
What are the elements of Aggravated Robbery?
Everyone is liable to imprisonment for a term not less that 14 years who - (a) Robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or(b) being together with any other person or persons, robs any person; or(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person
What are the elements of Assault with intent to rob?
(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,(a) caused grievous bodily harm to that person or any other person; or(b) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or(c) being together with any other person or persons, assaults that person or any other person(2) Everyone who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years.
Harry sees Melanie and her 15 year old son walking into the mall. Harry approaches and begins arguing with Melanie. Melanie’s son intervenes and Harry punches him in the chest.Harry should be charged with ‘assault on a child’.
False.
On attending an incident you establish that an on-duty constable from your shift has been assaulted by a third party while trying to arrest an offender.Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with ‘assaults on police’.
False.
Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns.However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much they are no longer visible.Which of the following charges is the most appropriate?
With intent to injure anyone, disfigures.
Select true/false for each of the following statements.When determining the correct charge for an ‘assault’ offence an offenders intent may be identified by:1) Words a witness hear spoken by the offender.2) The extent of the harm inflicted on the victim.3) The weapons or degree of force used by the offender.4) Previous or similar behaviour exhibited by the offender.5) The offenders admission of intent to injure the victim.
1) True2) Ture3) True4) False5) True.
Match the following resultant injuries with the appropriate term.1) Disfigure2) Maim3) Grievous bodily harm4) Wounds5) Injury
1) Facial scarring2) Loss of an index finger3) Fractured skull4) Gash to leg5) Loss of consciousness by punch to head.
John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend.John approaches Harry, forms a fist and says “Leave now or you will get this fist in your face”.Harry quickly leaves and you investigate the incident.Which of the following statements is true?
This is an offence of ‘assault’ as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence.
Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset because he thinks that Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it at Bert. It misses Bert but hits Gloria.This type of assault on Gloria is classified as an ‘indirect assault’.
False.
Stan sees Nigel walking along the road with Gloria, Stan’s ex-girlfriend. Stan is furious. He steps in front of them and says menacingly, “Get off my street or you’ll get this”. Gloria and Nigel are frightened. Stan then raises a fist and demonstrates a punching movement.Can Stan be charged with assault?
Yes - because Bert and Gloria have reason to believe Stan can harm them.
Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle.As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away.What is the most appropriate offence?
Aggravated Assault (section 192 Crimes Act 1961).
You are dealing with a suspect who cause an injury to a person.The term “to injure” means cause:
Actual bodily harm to a person.
Susan lives with Karen. They have an argument over who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife into Karen’s chest and lacerating Karen’s lung.In relation to section 188 of the Crimes Act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be:
A wound.
Steve goes to his local pub where after a few drinks he gets in to an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserve this” and smashes his glass twice into Steve’s face causing the glass to shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket.What is the most appropriate Crimes Act 1961 assault offence?
Wounding with intent (section 188(1)).
During a fight at a very crowded local bar, Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hit a bar patron around the head. The injuries to the bar patron consist of a fractured eye socket and fractured skull.The most appropriate way to describe Steve’s actions in the bar is that he:
Acted with reckless disregard for the safety of others.
Josephine is walking along the road when she takes an instant dislike to Mary who is jogging in the opposite direction. Josephine picks up a rock, turns around, and throws it at the back of Mary’s head. The rock misses and Mary fearing for her safety runs away.Josephine should be charged with the offence of attempted assault in relation to her actions.
False.
A person can be charged with ‘aggravated assault’ if that person punches a police officer attempting to execute a warrant to arrest in relation to failing to appear in the District Court.
True.
Tom intentionally drives his vehicle at slow speed at his neighbour after an argument over tress on the fence line between their two houses.The vehicle clips the neighbours leg and causes minor bruising and grazes.Tom’s vehicle could be classed as a “weapon” under section 202c Crimes Act 1961.
True.
Jo intends to cause grievous bodily harm to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s forearm.Jo cannot be charged under section 189 of the Crimes Act as the cut would not be classed grievous bodily harm.
False.
Harry and Ben argue on the street outside a local bar. Harry grabs a bottle from the rubbish bin, shouts “I hope this hurts”, and swings the bottle at Ben’s head. Ben ducks, the bottle shatters against the bar wall and the glass fragments cut the hand and face of a passing pedestrian, Jennifer.Harry could be charged with ‘assault with intent to injure’ in relation to Jennifer.
True.
To come within the definition of assault the force used must be intentionally applied. Which of the following falls within the specific requirement of “intentional application”:1) An accidental pushing of one person into another person.2) A person tries to strike one person but misses and hits another.3) A person hits one person and force is inadvertently applied to another.4) A person is reckless and consequently force is applied to another.
1) False2) True3) True4) False.
John holds a knife to the throat of a dairy owner while his mate steals cigarettes from behind the counter. In his haste to get away John’s knife causes a small cut to the dairy owners neck.For a charge to be successful under section 191 or section 192 of the Crimes Act 1961 and with reference to R v Tihi (1989) 2 NZLR 29 (CA) it must be shown that John:1) Made no attempt to warn the dairy owner of the impending harm.2) Meant to cause the specified harm to the dairy owner.3) Foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm.4) Had no intention to cause the specified harm to the dairy owner.
1) False2) True3) True4) False.
“To injure” is defined in Section 2 of the Crimes Act 1961 as to cause actual bodily harm.”Actual bodily harm” can include:1) A small bruise after the victim has been grasped around the wrist.2) Any hurt or injury calculated to interfere with the victims health or comfort.3) Psychiatric injury to the victim if it is some identifiable clinical condition.4) Rendering a victim unconscious for a short period of time.5) A black eye as the result of a punch to the face of the victim.
1) False2) True3) True4) True5) False.
Jo gets into an argument with Steve at a local bar. The argument escalates and in her anger Jo grinds her lit cigarette twice into the face of Steve. The resulting injury consists of two burns.Jo is charged with disfiguring Steve under section 188(2) Crimes Act 1961. Shortly after the incident the two burns are no longer visible. The section 188(2) charge can proceed despite the burns having healed.
True.
Assaults vary in nature and seriousness. Which of the following need to be considered when deciding on the most appropriate assault offence with which the charge an offender:1) The surrounding circumstances and the nature of the offence.2) The intentions of the offender.3) That the offender attempted to apply force to the victim.4) The degree of harm inflicted on the victim.
1) True2) True3) False4) True.
When leaving a house with a set of golf clubs Mary is confronted by the property owner. Mary holds up a screw driver and yells “if you try and stop me I’ll get you with this”.The threat made by Mary may be sufficient for a charge under section 191 Crimes Act 1961 in relation to the term “by any violent means renders any person incapable of resistance”.
True.
Jane punches Kathy. The punch connects with Kathy’s nose and there is a great deal of blood as a result of the bleeding nose.As there is a flow of blood from the nose Kathy has suffered a “wound”.
False.
Bill is tagging a fence with a pen. When confronted by the owner Bill reacts by stabbing him in the chest. Bill flees the scene as he is fearful of arrest.The most appropriate charge in relation to Bill’s actions would be under section 191 Crimes Act 1961- ‘aggravated wounding or injury’.
False.
John has been detained by police for the purpose of authorisation, issuing and serving of a police safety order. The police safety order has not been issued or served within the two hour time period.As the detained person, John:
Must be immediately released from the place of detention.
A person is in a domestic relationship with another person if the person:1) Has a close personal relationship with the other person.2) Is a family member of the other person.3) Has a landlord-tenant relationship with the other person.4) Is a partner of the other person.
1) True2) True3) False4) True.
Mary is the respondent of a protection order in relation to her ex partner Josephine. Mary hears through the grapevine that Josephine has a new girlfriend so asks a friend to go around and question Josephine to find out some details.1) Is this a breach of the protection order?2) Can Mary be arrested for breaching her protection order when she herself has not approached the protected person?
1) Yes2) Yes.
In relation to domestic (family) violence the term violence includes:1) Physical abuse.2) Sexual abuse.3) Threats of physical, sexual or psychological abuse.4) Psychological abuse.
1) True2) True3) True4) True.
Michael and John are partners and live in the same house. After an argument John calls for police assistance. You attend the occurrence and find Michael has punched John in the nose. John is bleeding profusely but will not lay a complaint. Michael is angry and threatening. You arrest him on a charge of assault and remove him from the house to attend to John’s immediate safety.1) Should you lawfully detain Michael until he has ‘cooled down’?2) Should you issue a police safety order against Michael?
1) Yes2) No.
John, a respondent of a protection order, rings his estranged wife to tell her that his mother has been injured in a car accident and is critically ill. He says he wants his 12 year old daughter to see her grandmother before she dies.John has breached the standard non-contact conditions of the protection order. He should be arrested and charged with a breach of protection order.
False.
Michael threatens to hit Sylvie after they argue about watching a programme on the television.Michael’s threat of physical abuse would not be classed as violence as it is a single threat only and there must be a number of acts of abuse showing a pattern of behaviour.
False.
In a family violence context who does the term “bound person” apply to?
The person against who a Police Safety Order has been issued.
Joanne and Steve are both aged 16 years of age. They are twins and live in their family home with their parents. You are called to a family violence occurrence at the address where there is insufficient evidence to arrest Steve for assaulting Joanne. Steve has lost his temper and hit Joanne on previous occasions.A Police Safety order can be issued against Steve to ensure the safety of his sister Joanne.
False.
You are called to a family violence assault but have insufficient evidence to arrest the violent person. The victim will not tell you what has happened but is adamant that she does not want her partner to leave the family home.Consent from the person at risk is needed before a police safety order can be issued.
False.
The term ‘wilfully neglects’ in relation to section 195 Crimes Act 1961 (Cruelty to a child) means:
Deliberate or reckless failure to provide care.
Aaron is ‘punched over’ by his father after staying overnight and he is badly bruised and shocked. Aaron is 15 years of age.1) Aaron’s father should be charged with ‘assault on a child’ as Aaron is 15.2) Aaron’s father should be charged with ‘common assault’ as Aaron is 15.
1) No2) Yes.
A risk assessment must be undertaken for all family violence occurrences.The reasons for risk assessment include the following:1) It allows for patterns of behavioural abuse to be seen over time.2) It leads to identifying the correct support required by victims.3) It determines how and when to charge an offender.4) It can be important to the judiciary when considering oppositions to bail.
1) True2) True3) False4) True.
Jill and Steve have been living together as flatmates for 12 months. Recently Steve has become very aggressive over the rental payments and has threatened that he will do something to Jill if she doesn’t pay her portion of the rent on time.The threats made by Steve would be classed as domestic (family) violence as Steve and Jill are in a domestic relationship.
True.
Margaret is experiencing problems with her 15 year old daughter who lives with her in the family home. Frequently Margaret is the victim of verbal and physical abuse from her daughter and the violence she experiences is escalating.Margaret asks for your advice on obtaining a protection order for herself with her daughter as respondent.Your advice to Margaret will be that she will be able to obtain a protection order from the court.
False.
When preparing any opposition to bail for a family violence offender police must consider whether there is:1) Multiple charges faced by the offender.2) An adequate safety plan in place for the victim and their family.3) Need for the offender to have a ‘cool off’ period in police custody.4) A possibility of risk to the safety of the victim’s family.
1) False2) True3) True4) True.
In the cycle of family violence which two of the following examples are indicators of escalating behaviour?
- Threatening to harm a pet or destroy a valued possession.- Checking their partner’s cell phone, Facebook and emails.
Mary has breached the conditions of her police safety order and is hiding and avoiding police. Inquiries have established that she is staying at a known residential address.As Mary is a bound person and has breached a police safety order you are able to enter the address and take her in to custody to appear in court.
False.
During a heated argument between Tom and his wife Alice, Tom loses his temper and kicks Alice twice in the stomach area while she is on the floor. The kick breaks two of Alice’s ribs and causes internal bleeding.The most appropriate charge for the assault on Alice would be ‘male assaults female’ (section 194 Crimes Act 1961) as the assault is family violence related.
False.
Michael continually taunts Jo in front of their two primary school aged children about being stupid and fat. Jo does nothing to prevent the children from hearing the abuse.Jo is just as liable as Michael for the psychological abuse of the children to hear the taunts of her being stupid and fat.
False.
You receive information from Susan’s neighbour that she can hear Susan abusing her children at home and has seen her hitting her six year old around the head with the vacuum cleaner hose.Which one of the following Acts contains the most appropriate power to enter Susan’s house without warrant to protect her child from injury?
Children, Young Persons and Their Families Act 1989.
In determining whether a person has a close personal relationship with another person which of the following factors must be considered?1) If the person has a sexual relationship with the other person.2) The duration of the relationship between the two persons.3) The nature and intensity of the relationship between the two persons.4) The requirement that the two persons live together.
1) False2) True3) True4) False.
In which two of the following circumstances are victims of family violence considered to be at a heightened risk of injury?
- When the violence is increasing in frequency and severity.- When attempted strangulation has occurred.
John has used violence to obtain property to which he believes he is entitled to.If a defence of claim of right to a charge of ‘theft’ is used by John this defence would also negate a charge of ‘robbery’.
True.
Phillip has been watching the movements of the local dairy owner. He bikes past the dairy owner on her way to the bank and snatches the dairy owner’s cash bag from her hand. She is furious but unharmed.The actions of Phillip would be sufficient to constitute the offence of ‘robbery’.
False.
Shelley and Steve decide to steal some cigarettes from their local dairy. Steve goes in to the dairy and threatens the dairy owner with a knife forcing him to hand over cash and boxes of cigarettes. Shelley stays in the car outside as the getaway drive and is unaware that Steve has the knife.Both Shelley and Steve are liable as principals for ‘aggravated robbery’ as they were together at the dairy.
False.
Marty punches Simon in the head and demands that he hands over his money. Marty’s associate verbally threatens to kick Simon and is standing beside Marty as the victim hands over a twenty dollar note.The actions of Marty would be sufficient to satisfy the requirements of a joint enterprise between two or more persons in relation to ‘aggravated robbery’.
True.
Paul is waiting at the bus stop talking on his cell phone. He is approached by Andrea and Jill who demand that he hand over the cellphone to them. Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone but Paul manages to get it back from her and the girls run away.Which of the following offences best describes Andrea’s criminal liability.
Aggravated robbery.
The term ‘grievous bodily harm’ in relation to an offence of ‘aggravated robbery’ means:
Really serious harm.
Amy, a staunch Silver Ferns supporter, is walking around the central city when she sees Lucy wearing an Australian Diamonds beanie. Amy hates any other team so punches Lucy and then kicks her several times in the head when she falls to the ground.As Amy is running away she sees Lucy’s beanie on the ground and decides to take it.Amy is liable for the offence of ‘robbery’.
False.
A patched gang member sits down on a seat next to an elderly lady and asks her for a cigarette. The woman does not answer so the gang member moves closer and says “Give me a cigarette now, you bitch”. Scared by the gang members words and conduct she hands one over.The gang member should be charged with ‘demanding with menaces’ in relation to his actions.
True.
A couple is parked up in a local park when they are dragged out of the car by a group of youths. The youths threaten to punch the female if the male does not hand over the keys to his car. The male gives them the keys and the youths drive off in the vehicle.As the threats of violence were not directed at the male the youths can only be charged with ‘assault’ on the female and ‘demanding with menaces’.
False.
In relation to the ‘intent to steal’ ingredient of ‘demanding with menaces’ the prosecution must show that the offender acted dishonestly and without claim of right.A belief in a legal entitlement to demand the thing demanded is therefore a defence.
True.
The offence ‘demanding with menaces’, section 239(2) Crimes Act 1961, is complete as soon as a person forms the intention to steal property from a person.
False.
Define ‘disfigures’.
External injury that mars or alters a person’s appearance. The injury or damage need not be permanent. Eg. cigarette burns.
Define ‘grievous bodily harm’.
Really serious. Eg. stabbing which penetrates a vital organ. Proof of permanent injury not required. Includes some diseases such as HIV.
Define ‘injury’.
Actual bodily harm.
Define ‘maim’.
Cause serious bodily injury. Eg. loss of a limb. Must be permanent weakness.
Define ‘wounds’.
The skin has been broken OR there is an internal injury. More than a flow of blood is required. Eg. Bleeding nose is not wounds.
Aggravated assault requires the proof of two separate intents of the offender. What are they?
- to commit or facilitate the commission of any imprisonable offence OR avoid detection of self/another in commission of OR avoid arrest or facilitate flight of self/another in commission of.2. to assault.
Assault with intent to rob (236(1)) requires proof of identity and that they…
- intended to rob any person- caused GBH to them or any other person, OR- being armed with any offensive weapon etc. and assaulted that person or another, OR- being together with any other person/s, assaulted that person or another
When considering whether a person has a close personal relationship with another person, the court must have regard to…
Nature and intensity of relationshipANDduration of the relationshipNB: sexual relationship NOT required.
Outline sections 39 and 42, CYPF Act.
39 - Enter, search and place in safe custody if RGTS child/young person has suffered or is likely to suffer ill-treatment, neglect, deprivation, abuse or harm.42 - Enter, remove/detain if RGTB it is critically necessary to protect CYP from injury or death.
Define ‘robbery’.
Theft, accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.
What are the two classes of offensive weapon?
- made or altered for use for causing bodily injuryOR- capable of being used to cause bodily injury and which are in a person’s possession in circumstances which show a prima facie intention to use for that purpose
Any assault that occurs subsequent to a theft is not robbery. Violence or threat used to discourage a complaint or to avoid being caught may be what offence?
Aggravated assault
Would snatching a bag be robbery?
No. It needs to be more than a technical assault.
Aggravated robbery with other persons requires proof that the suspect committed an act of robbery and was together with another person/s. What are the two elements of being together?
acting together (both with intent to rob) AND physically present together
Can two or more persons be said to be “armed with” a single weapon?
Yes, if each has ready access to a significant degree of control over a single weapon.
For Demanding with Intent to Steal, what must you prove, other than identity?
That they, without claim of right and by force or with any threat, compelled any person to execute, make, accept, endorse, alter, destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
In the offence Demanding with Intent to Steal, what does ‘by force or with any threat’ mean?
An actual threat by words or conduct. It’s not sufficient if there is fear without a threat.
For Demanding with Menaces or Threat, what must you prove, other than identity?
That they, with menaces or by any threat, demanded any property from any persons with intent to steal it.
In the offence Demanding with Menaces or Threat, when is the offence completed?
When the demand is made. Eg. when the letter is posted.
In the offence Demanding with Menaces or Threat, does it have to be a threat of physical harm?
No, it includes all verbal or written threats.
In the offence Demanding with Menaces or Threat, what happens if the victim is not intimidated or influenced?
It doesn’t matter, as long as the threats are of such a kind that they would intimidate or influence a person of ordinary courage.
A person commits aggravated robbery if they:
- rob any person and at the time of or immediately before or after the robbery cause GBH to any person, OR- being together with any other persons rob any person, OR- being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument rob any other person
Is a person committing aggravated robbery if they commit an act of robbery while pretending to possess an offensive weapon or instrument?
No. They have to be armed with an offensive weapon or instrument or have any thing appearing to be such a weapon or instrument.
Define actual care or charge
No defnintion, this is a question of fact
Staff member
Extends to all staff members working in a hospital, institution or residence.Irrespective of whether they can be seen as in charge of or involved in the care of the victim.
Likelyhood of harm
Actual suffering, injury etc. Need not be proved, only its likelyhood.This requires a real or substantial risk of one or more prescribed harms, rather than balance of probabilities.
Intentionally engaging in conduct
Illtreatment must have been inflicted deliberately with a conscious appreciation that it was likely to cause unnecessary suffering.More than merely accidental.
Breach of legal duty
Not limited to breaches of statutory duty and will extend to relevant common law duties when they differ from those in statute.
Act or Omission constituting major departure
A suspect cannot simoly be ignorant/unthinking/careless.The behaviour must go further and be a major departure from what is acceptable in those having having care or charge of others.
Members of the same household
Does not need to live in the household but may be closely connected with the householdWhere victim lives in different locations, this refers to the household where the harm took place.To determine closely related you must consider, frequency and duration of visits, whether a familial link to victim, and any other matters relevant in circumstances.
Having frequent contact
Matter of fact for the jury to decide.
Knowledge of the risk of harm
Knowledge is required of both:The likely occurrence of the relevant act or omissionAND the resulting risk to the victimRequires certainty or assumption of belief without substantial doubt.Merely suspicious or reckless not enough.If aware it is very likely but doesnt take action out of fear of confirming the worst this is enough for mens rea.
Failure to take reasonable steps to protect victim
Jury needs to be satisfied action of a reasomable person was not taken.Does not require a gross or major departure from the expected standards.
Define the elements ofAggravated Assault
With intent to-Commit or facilitate imprisonable offence-avoid detection of self/other -avoid arrest or facilitate flightAssaulted any person
Aggravated Wounding
With intent to-Commit or facilitate imprisonable offence-avoid detection of self/other -avoid arrest or facilitate flightWounds, maims, disfigures, or causes GBH to any personOR renders person unconsciouOR by any violent means renders any person incapable of resistence
Aggravated Injury
With intent to-Commit or facilitate imprisonable offence-avoid detection of self/other -avoid arrest or facilitate flightInjured any person
Male Assaults Female
Suspect is maleAssaulted a female
Assault on Child
Assault against child under 14yrs
Assault on Police
Assaulted any:-police constable-traffic officer-correctional officerWho was acting in the execution of their dutyMust prove intent to assault and obstruct
Assault with a weapon
Assaulted any personUsing anything as a weapon OR had anything with them in circumstances that prima facie showed an intent to uss it as a weapon
Assault with intent to injure
Assaulted anybodyWith intent to cause actualy bodily harm
Common Assault
Assulted any person
Illtreatment or neglect of child or vulnerable adult
Must:-have actualy care or charge of the victim OR a staff member of any hospital, institution, or residence where the victim resides Intentionally:-engaged in conduct OR omits to discharge or perform any legal dutyWhich is likely to cause suffering, injury, adverse effects to health, any mental disorder or disability to a child or vulnerable adult.If it is a major departure from the standard of care to be expected of a reasonable person
Failure to protect child or vulnerable adult
Must be:Member of the same householdOR staff member of any hospital, institution or residence where victim residesHad frequent contact with the victim and knew they were at risk of death, GBH, or sexual assault as a result of:-an unlawfuly act of anotherOR omission by another to discharge or perform a legal duty which is a major departure from the sgabdard of care expected of a reasonable person to whom that legal duty appliesFails to take reasonable steps to protect the victim from that risk.Must be over 18yrs.
Disabling
Wilfully or without lawful justification or excuseStupified or rendered unconscious any person
