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CIK > assault > Flashcards

assault Flashcards

1
Q

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))
A

wounding with intent (section 188(1))

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2
Q

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 person

really serious harm to a person

actual bodily harm to a person

A

actual bodily harm to a person

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3
Q

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
A

acted with reckless disregard for the safety of others

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4
Q

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
A

TRUE

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5
Q

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
A

TRUE

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6
Q

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)
A

aggravated assault (section 192 Crimes Act 1961)

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7
Q

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

A WOUND

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8
Q

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
A

FALSE

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9
Q

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
A

FALSE

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10
Q

Define wounding

A
  • broken skin
  • or internal injury

More than minimal blood

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11
Q

Define injures

A

cause actual bodily harm.

May include

  • hysterical or nervous condition.
  • impared state of mind. MUST BE psychiatric injury, clinical condition
  • Any hurt or injury calculated to interfere with the health or comfort of the Victim. Does not need to permanent but must be more than trifiling
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12
Q

Define Maim

A

To cause serious bodily injury.

  • The loss of the use of an esential part such as an eye or arm
  • There must be permanent or weakness or loss.
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13
Q

Define Disfigures

A

External injury that mars or alters a persons appearance .

Does not need to be permanent

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14
Q

Define GBH

A

Grevious Bodily Harm

harm that is really serious or really seriously hurts

  • some diseases, provided their effects are sufficiently serious. HIV
  • Can include injury to the mind. Really serious psychiatric injury must be identified.
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15
Q

Manslaughter

A

Culpable homicide not amounting to murder is manslaughter

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16
Q

How can you prove intent?

A

Circumstantial evidence; actions and words
Circumstances and nature of the offence
Suspects explanation

17
Q

Stupefied

A

cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.

18
Q

Reckless

A

a conscious appresication of the danger or risk of danger if they continue with the course of conduct but proceeds nevertheless

19
Q

Aggravated assault ingredients

A

with intent to:

  • commit or facilitate the commission of an imprisonable offence
  • avoid detection of self/another in commission of any imprisonable offence, or
  • avoid arrest or facilitate flight of self/another

assaulted any other person

must prove intent

20
Q

Difference betwee:
Aggravated assault
Aggravated wounding
Aggravated injury

A

Assaulted any person

Wounds,maims, disfigures, GBH. stupefies, renders a person unconcious, by any violent means renders any person incapable of resistance

injured any person

Assault = assault, injury=injury, wounding=everything else

21
Q

Ill treatment or neglect of child or vulnerable adult

A

SUSPECT
-has actual care or charge of hte Victim, or
-is a staff member
INTENTIONALLY
-engaged in conduct that,or
-omits to discharge, or perform any leagl duty, the omission of which
-is likely to cause suffering, injury, adverse effects to health, or an mental disorder or disability to a child or vulnerable person.
if the conduct engaged in, or omission to perform THE LEGAL DUTY, is a MAJOR DEPARTURE from standard

22
Q

Failure to protect child or vulnerable adult.

When should it be use?

What are the ingredients?

A

Situations involving a pattern of physical ill-treatment and neglecr over a period of time

-member of same household
-staff member
-had frequent contact
-knew they were at risk of death, GBH, or secual assault
as a result of -unwlful act
-an omission by another person (major
departure from the standard expected of
a reasonable person
-fails to take resonable steps to protect

23
Q

What is a defence for Failure to protect child or vulnerable adult?

A

under the age of 18 at the time of offence

24
Q

Injuring by unlawful act

A

their act or omission
resulted in injury to any person
in circumtances that if death occurred it would have been manslaughter

25
Q

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”

A

False (transferred malice)

26
Q

John and Harry attend the same party. John dislikes Harry as he goes out with Harry’s ex girl friend.

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 statement is true?

A

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

27
Q

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 the offender.

Section 10 of the Summary Offences Act 1981 is the only offence that specified with “assault on police”

A

false

28
Q

Match the following resultant injuries with the appropriate terms.

  • Disfigure
  • Maim
  • Injury
  • Grievous bodily harm
  • Wounds

-gash to leg
-fractured skull
-loss of an index finger
-facial scarring
-loss of consciousness by
punch to head

A

Match the following resultant injuries with the appropriate terms.

  • Maim (loss of an index finger)
  • Grievous bodily harm (fractured skull)
  • Injury (loss of consciousness by punch to head)
  • Disfigure (facial scarring)
  • Wounds (gash to leg
29
Q

Stan sees Nigel walking along the road with Gloria, Stan’s ex girlfriend. Stan is furious. He steps in front of them and says menacingly, “Get off my street or you’ll get this.” Gloria and Nigel are frightened. Stan then raises a fist and demonstrates a punching movement.

Can Stan be charged with assault?

A

Yes because Nigel and Gloria have reason to believe Stan can harm them

30
Q

Jo has an argument with his neighbour and is so enraged that he burns his cigarettes into his neighbour’s 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 a no longer visible.

Which of the following charges is the most appropriate?

A

With intent to injure anyone, disfigures

31
Q

Select true / false for each of the following statements. When determining the correct charge for an “assault” offence an offender’s intent may be identified by:

  • The extent of the harm inflicted on the victim
  • Words a witness heard spoken by the offender
  • The weapons or degree of force used by the offender
  • The offender’s admission of intent to injure the victim
  • Previous similar behaviour exhibited by he offender
A 
(true)
(true)
(true)
(true)
(false)
32
Q

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”

A

False

needs to be under 14

33
Q

Susan lives with Karen. They have an argument over who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife into Karen’s chest and lacerating Karen’s lung, In relation to Section 188 of the Crimes Act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be:

A

a wound

34
Q

You are dealing with a suspect who has caused an injury to a person.

The term “to injure” means to cause:

A

actual bodily harm

35
Q

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.

Shortly after the incident the two burns are no longer visible

pick the best

wound
injury
dsifigures

A

disfigures

36
Q

Select true / false for each of the following statements.

“To injure” is defined in Section 2 of the Crimes Act 1961 as to cause actual bodily harm.

“Actually bodily harm” can include:

  • A small bruise after the victim has been grasped around the wrist
  • Psychiatric injury to the victim if it is some identifiable clinical condition
  • A black eye as the result of a punch to the face of the victim
  • Rendering a victim unconscious for a short period of time
  • Any hurt or injury calculated to interfere with the victim’s health or comfort
A 
False
true
False
True
True
37
Q

Difference between

Failure to protect child or vulnerable adult
AND
Ill treatment or neglect of child or vulnerable adult

A

FAILURE TO PROTECT

  • ***member of same household
  • staff member
  • ** Had frequent contact
  • knew they were at risk of death, GBH, or sexual assault as a result of an unlawful act
  • an omission by another person (major departure from the standard expected of a reasonable person)
  • fails to take reasonable steps to protect

ILL TREATMENT
**Has actual care or charge of the Victim, or
- staff member
Intentionally
-engaged in conducy that, or
-omits to discharge, or perform any legal duty, the omission of which,
-is likely to cause suffering, injury, adverse effects to health, or a mental disorder or disability to a child or vulnerable person.
-if the conduct engaged in, or omission to perform that legal duty, is a major departure from standard.

CIK (8 decks)

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