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.
