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