CIK 105 Investigating Violence Offence Flashcards
Q. Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns. However, 12 months later and
before the jury trial in relation to the incident, the burn marks have faded so much they are no longer visible. Which of the following is the most appropriate charge?
A. With intent to injure anyone, disfigures.
Q. 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?
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.
True/Flase
Q. When determining the correct charge for an “assault” offence an offender’s intent may be identified by:
-The extent of the harm inflicted in the Victim
-Words of a witness heard spoken by the offender
-The weapons or degree of force used by the offender
-Previous similar behaviour exhibited by the offender
The offender’s admission of intent to injure the victim.
A. True True True False True
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 Bert and Gloria have reason to believe Stan can harm them.
Q. Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset as he thinks Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it. It misses Bert but hits Gloria. This type of assault is classified as an “Indirect Assault?”
A. False. – This assault is Transferred Malice.
What is the meaning of Assault?
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose
What is Transferred Malice?
is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.
Q. Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with “Assault on Police.”
A. False
(Prison and Traffic Officer.
10A Ill treatment/wilful neglect of child
10B Leaving child without reasonable supervision)
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
Q. Match the following resultant injuries with the appropriate terms:
- Grievous bodily harm
- Wounds
- Disfigure
- Injury
- Maim
A. Gash to leg Facial scarring Loss of consciousness by punch to head Loss of an index finger
Q. Steve and John are play fighting when Steve tells John to punch him hard in the stomach to prove how hard his abs are. John punches Steve twice in the stomach with a closed fist causing minor bruising. John should be charged with common assault?
A.
False
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.
A.
True
Q. Susan plunges a knife into Karen’s chest and lacerates her lung. In relation to s188 of the Crimes Act 1961, the most appropriated description in relation to the puncture of Karen’s lung would be?
A.
A wound
Q. Steve hurt in rugby game. The opposing player cannot be charged with assault as Steve had given implied consent to undergo the reasonable risks associated with the game of rugby?
A.
True
Q. The term “injure” means to cause:
A. Actual bodily harm to a person.
Q. Stealing GPS scenario, caught by owner who attempts to stop them. Steve punches
owner in the face causing him to falls. Steve and John run away. What is the most
appropriate charge?
A. Aggravated Assault (S192 of the Crimes Act 1961)
Q. During a fight at a very crowded local bar. Steve grabs a pool cue and starts swinging it around with no intention on hitting anyone however gets carried away and hits a patron in the head. The patron receives a fractured eye socket and fractured skull. The most appropriate way to describe Steve’s actions in the bar is that he?
A. Acted with reckless disregard for the safety of others.
Q. Steve gets into an argument with Gerry. Gerry yells “You really deserve this” and
smashes his glass into Steve’s face twice, causing severe lacerations to his cheek and lip and a fractured eye socket. What is the most appropriate Crimes Act 1961 assault offence?
A. Wounding with intent
T/F
Q. Jo gets into argument with Steve and burns him with her cigarette twice causing two burns. Jo is charged with disfiguring Steve under Section 188(2) of the Crimes Act 1961. Shortly after the incident the two burns are no longer visible. The charge can proceed despite the burns having healed?
A.
True
T/F
Q. 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 is “aggravated wounding or injury?”
A.
False – As graffiti and wilful damage are not a “crime” therefore no aggravated feature.
Q. 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 s191 or s192 of the Crimes Act 1961 and with reference to (case law) it must be shown that John:
- Foresaw that the actions undertaken were likely to expose others to the risk of suffering harm.
- Had no intention to cause specified harm to the dairy owner.
- Meant to cause the specified harm to the dairy owner.
- Made no attempt to warn the dairy owner of the impending harm.
A. True False True False
Q. 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?”
A.
False
Q. Tom intentionally drives his vehicle at a slow speed at his neighbour after an argument. He subsequently clips the neighbours leg and causes minor bruising. Tom’s vehicle could be classified as a “weapon” under section 202C Crimes Act 1961?
A.
True
T/F
A. “to injure” is defined in s2 of the Crimes Act 1961 as to cause “actual
bodily harm.” – Which can include:
-A black eye as a result of a punch to the face
-Rendering a Victim unconscious for a short period of time
-Psychiatric injury to the Victim if it is some identifiable clinical condition
-Any hurt or injury calculated to interfere with the Victim’s health or comfort
-A small bruise after the Victim has been gasped around the wrist
A. False True True True False
T/F
Q. Jo intends to cause GBH to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s arm. Jo cannot be charged under s189 of the Crimes Act 1961 as the cut would not be classified as GBH?
A.
False – Just because the injury is not bad – The intent was still present for a charge to be laid.
T/F
Q. What needs to be considered when deciding on an assault charge?
-The surrounding circumstances and nature of the offence
-The degree of harm inflicted on the Victim.
-That the offender attempted to apply force on the Victim.
-The intentions of the offender.
A. True True False True
T/F
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?
A.
True
Q. 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 s191 Crimes Act 1961 in relation to the term “by any violent means renders any person incapable of resistance?”
A.
True
T/F
To come within definition of assault the force used must be intentionally
applied. Which of the following falls within the specific requirement of “intentional
application.”
-An accidental pushing of one person into another person
-A person tries to strike one person but misses and hit another
-A person hits one person and force is inadvertently applied to another
-A person is reckless and consequently force is applied to another
A. False True True False
Q. Michael and John are partners and live in the same house. After an argument John calls Police for assistance. You attend the incident 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 PSO against Michael –
-Should you lawfully detain Michael until he has “cooled down”
A.
No, Can’t issue PSO after FV arrest
Yes
A person is in a domestic relationship with another person if the person is: - a family member -They have a close personal relationship -Is their partner -Is their landlord/tenant
A. True True True False
Q. Joanne and Steve (both 16) siblings that fight. No evidence to arrest either. Can a PSO be served?
A. No as they are both under 17.
Q. 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 partner so asks a friend to go
question Mary about it.
- Can Mary be arrested for breaching her protection order when she herself has not
approached the protected person.
Is this a breach of the protection order.
A.
Yes
Yes
Q. Aaron is punched by his father, he is bruised and in shock. Aaron is 15.
- Aaron’s father should be charged with Assault on a child
- Aaron’s father should be charged with Common Assault
A.
No - Aaron is over 15
Yes