Assault

Question 1

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’.

Answer 1

False.

Question 2

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,

Answer 2

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.

Question 3

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.

Answer 3

False.

Question 4

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?

Answer 4

Yes - because bert and Gloria have reason to believes tan can harm them.

Question 5

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.

Answer 5

The extent of the harm inflicted on the victim. True

The 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.

Question 6

Match the following resultant injuries with the appropriate terms.

Answer 6

Wounds - gash to leg.

Disfigure - facial scarring.

Injury - loss of conciousness

Maim - loss of an index finger.

Grievous bodily harm - fractured skull.

Question 7

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.

Answer 7

False

Question 8

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.

Answer 8

False.

Question 9

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?

Answer 9

Wounding with intent.

Question 10

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.

Answer 10

True.

Question 11

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?

Answer 11

Aggravated assault.

Question 12

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.

Answer 12

True.

Question 13

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.

Answer 13

A wound

Question 14

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.

Answer 14

False.

Question 15

You are dealing with a suspect who has caused an injury to a person. The term to injure means to cause.

Answer 15

Actual bodily harm to a person.

Question 16

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.

Answer 16

Acted with reckless disregard for the safety of others.

Question 17

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.

Answer 17

False

Question 18

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.

Answer 18

True.

Question 19

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.

Answer 19

False.

Question 20

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.

Answer 20

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.

Question 21

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”.

Answer 21

True

Question 22

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,

Answer 22

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.

Question 23

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.

Answer 23

With intent to injure anyone, disfigures.

Question 24

“To injure” is defined in section 2 of the crimes act 1961 as to cause grievous bodily harm.

“Actual bodily harm” can include.

Answer 24

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.

Question 25

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.

Answer 25

True.

Question 26

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.

Answer 26

False.

Question 27

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.

Answer 27

True.

Question 28

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.

Answer 28

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.