CIK (107-139) OFFENCES

Question 1

107) Simon is having an extremely noisy party at his house. A noise abatement notice has been served on Simon but he decides to ignore it and turn the stereo up louder. The local council agent returns to the address to seize the stereo. Simon picks up a golf club, holds it up in the air and states to the agent “the stereo is not going anywhere and if you come any closer I will smack your head in”. What is the most appropriate Crimes Act 1961 assault offence?

a) aggravated assault (section 192)
b) assault with intent to injure (section 193)
c) common assault (section 196)

Answer 1

b) assault with intent to injure (section 193)

S192 - Aggravated assault
(1) Everyone is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent—
(a) to commit or facilitate the commission of any imprisonable offence; or
(b) to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence; or
(c) to avoid the arrest or facilitate the flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence.

S193 - Assault with intent to injure
Everyone is liable to imprisonment for a term not exceeding 3 years who, with intent to injure anyone, assaults any person.

S196 - Common assault
Everyone is liable to imprisonment for a term not exceeding 1 year who assaults any other person.

Question 2

108) In relation to section 188 of Crimes Act 1961 the difference between subsections (1) and (2) relates to:

a) The recklessness of the suspect in relation to the injuries caused.
b) The seriousness of the injuries caused by the suspect.
c) The intent of the suspect when causing injuries.

Answer 2

c) The intent of the suspect when causing injuries.

S188 - Wounding with intent
(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person.
(2) Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.

Question 3

109) After being evicted from a party Steve drives his car into a crowd gathered outside of the address, injuring three people. In order to prove ‘recklessness’ under section 189(2) Crimes Act 1961, you must prove that Steve:

a) took a risk while not aware of the probable consequences
b) consciously and deliberately took an unjustified risk
c) consciously and deliberately took a reasonable risk.

Answer 3

b) consciously and deliberately took an unjustified risk

A person is reckless if they have a “conscious appreciation of the danger or risk of damage if they continue with the course of conduct but proceeds nevertheless” – Campbell v Police. (p160)

“A person is reckless if:
* knowing that there is a risk that an event may result from their conduct or that a circumstance may exist, they take that risk; and
* it is unreasonable for them to take it having regard to the degree and nature of the risk which they know to be present”

A person is reckless if they foresee that a course of action could well have dangerous consequences but intends to continue in that course regardless of the risk – R v Harney.

Question 4

110) Last week you were called to large department store where security advises they have CCTV evidence of a female (18 years) shoplifting clothing. On further investigation you find the young woman has an extensive youth file which includes numerous incidents of dishonesty and theft. Which one of the following public interest factors most supports prosecution in this case?

a) The likelihood of the offence being repeated.
b) The circumstances of the defendant.
c) The seriousness of the offence.

Answer 4

a) The likelihood of the offence being repeated.

The likelihood of the offence being continued or repeated: Is there a history of recurring conduct or was the offence the result of a single incident, an error of judgement or a genuine mistake (e.g. careless driving)?

The circumstances of the defendant: If they have no previous convictions, are a child/young person or elderly, or were suffering mental illness at the time of the offence, there is a lesser public interest in prosecution. If the defendant was in a position of authority or trust, a ringleader or an organiser of the offence; or has breached a protection or non-contact order; or committed the offence while on bail, on probation, or subject to a suspended sentence, or on parole; this favours prosecution.

The seriousness of the offence: The more serious the offence, the more likely prosecution is required.

Question 5

111) Shane visits his neighbour Brian and an argument develops between the two over the red T shirt that Brian is wearing. Shane hits Brian in the face with a hammer causing Brian to permanently lose the sight in his eye. When interviewed Shane states that he only meant to hurt Brian and did not intend to make him blind. Can Shane claim that he acted in self-defence?

a) Yes, Shane feared for his personal safety because of the argument so his actions were in proportion with the predicament he was facing
b) No, there was no force or imminent force from Brian to be resisted or prevented and Shane’s response was not reasonable in the circumstances
c) No, the defence of self-defence is not able to be claimed under Section 188 of the Crimes Act 1961

Answer 5

b) No, there was no force or imminent force from Brian to be resisted or prevented and Shane’s response was not reasonable in the circumstances

Question 6

112) Simon is walking down the street texting his girlfriend. He is approached by John who demands Simon hand over his phone. Simon refuses and John punches him in the face. Simon gives John the phone as a result. John then realises the phone is not the model he’s after and gives it back to Simon. What offence has John committed?

a) Common Assault
b) Both Theft and Common Assault
c) Robbery

Answer 6

b) Both Theft and Common Assault

Robbery
(1) Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.

(2) Every one who commits robbery is liable to imprisonment for a term not exceeding 10 years.

Question 7

113) The term “grievous bodily harm” in relation to an offence of ‘aggravated robbery’ means:

a) really serious harm
b) violence causing bodily injury
c) actual physical injury

Answer 7

a) really serious harm

Grievous bodily harm means harm that is really serious or really seriously hurts; for example, if an offender stabs a victim and the knife penetrates a vital organ. On the other hand, if the knife misses vital organs so that only tissue is cut, this would be more in keeping with an injury – R v Waters (1979).

Proof of permanent injury is not required – R v James (1980). (p158)

Question 8

114) 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 maiming
b) grievous bodily harm
c) an injury

Answer 8

b) grievous bodily harm

Grievous bodily harm means harm that is really serious or really seriously hurts; for example, if an offender stabs a victim and the knife penetrates a vital organ. On the other hand, if the knife misses vital organs so that only tissue is cut, this would be more in keeping with an injury – R v Waters (1979).

Proof of permanent injury is not required – R v James (1980). (p158)

Question 9

115) 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?

a) aggravated assault (section 192 Crimes Act 1961)
b) injuring with intent (section 189 Crimes Act 1961)
c) common assault (section 9 Summary Offences Act 1981)

Answer 9

a) aggravated assault (section 192 Crimes Act 1961)

192Aggravated assault
(1) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent—
(a) to commit or facilitate the commission of any imprisonable offence; or
(b) to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence; or
(c) to avoid the arrest or facilitate the flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence.

Question 10

116) You are dealing with a suspect who has caused an injury to a person. The term “to injure” means to cause:

a) really serious harm to a person
b) any type of injury to a person
c) actual bodily harm to a person

Answer 10

c) actual bodily harm to a person

Under section 2 of the Crimes Act 1961, to injure means to cause actual bodily harm.

Question 11

117) 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 and the bottle shatters against the bar wall. The most appropriate charge in relation to Harry’s actions is:

a) ‘assault with intent to injure’ because Harry intended to injure Ben with the bottle
b) ‘common assault’ because Harry did not succeed in hitting Ben with the bottle
c) ‘assault with intent to injure’ because Harry was reckless as to whether or not the bottle hit Ben

Answer 11

a) ‘assault with intent to injure’ because Harry intended to injure Ben with the bottle

Question 12

118) It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with intent to rob’:

a) immediately after the assault
b) at a time proximate to the planned robbery
c) at the time of the assault

Answer 12

c) at the time of the assault

S236 - Assault with intent to rob
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,—
(a) causes grievous bodily harm to that person or any other person; or
(b) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.

Question 13

119) In relation to an offence of ‘aggravated robbery’ the ingredient of “being together with any other person or persons” means:

a) must be physically present at the robbery in either an active or inactive role
b) must be physically in the vicinity of the robbery and aiding in its commission
c) must be physically present at the robbery and taking an active part

Answer 13

c) must be physically present at the robbery and taking an active part

S235 - Aggravated robbery
Everyone is liable to imprisonment for a term not exceeding 14 years who—
(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person.

Question 14

120) An offender kicks a victim several times in the torso and splits their spleen. Which of the following charges is the most appropriate?

a) With intent to cause grievous bodily harm, maims.
b) With intent to injure, wounds.
c) With intent to injure, injures.

Answer 14

b) With intent to injure, wounds.

To maim means to cause serious bodily injury; for example, the loss of the use of an essential part such as an arm or an eye. Mere disfigurement is not enough. There must be permanent weakness or loss.

A person is wounded if the skin has been broken, or there is an internal injury caused by, for example, a kick.

The would does not have to be dangerous, although more than a minimal flow of blood is required. A bleeding nose or a graze may not be sufficient to prove wounding.

Under section 2 of the Crimes Act 1961, to injure means to cause actual bodily harm.

Actual bodily harm:
* Does not require proof of physical injury and may include producing an hysterical or nervous condition – R v Miller (1954)
* Includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than merely transient and trifling – R v Donovan (1934). For example, it is unlikely that a bruised arm would be considered to be actual bodily harm
* It is not necessarily limited to physical injuries. It may relate to an impaired state of mind; for example, where a victim can no longer go about their normal life as a result of the fear and shock caused by the assault. This must be a psychiatric injury, identifiable as a clinical condition. Other states of mind or emotions, such as fear or distress, will not meet the test of actual bodily harm.

Question 15

121) Tessa and Jean want Lisa’s MP3 player. Tessa is aware that Jean has a knife and is prepared to use it when they confront Lisa. Jean brandishes the knife and threatens to stab Lisa unless she gives her the MP3 player. Lisa is scared but doesn’t want to hand over her MP3 player so gives Jean some money instead. Which of the following is correct in relation to the “being armed with an offensive weapon” ingredient of ‘aggravated robbery’?

a) Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife
b) Jean is liable for ‘aggravated robbery’ and Tessa is a party to ‘aggravated robbery’ as she did not have possession of the knife
c) only Jean is liable for ‘aggravated robbery’ as she was the person armed with a knife and had control over it

Answer 15

a) Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife

Question 16

122) Doug and Colin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal that person’s 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 of the following?

a) ‘robbery’ as he has used violence on the pedestrian and stolen the MP3 player
b) ‘theft’ as the intention to steal the MP3 player was only conceived after he realised that the pedestrian had no money
c) ‘aggravated robbery’ as he was together with Doug when they first hid in the bushes and made the plan

Answer 16

a) ‘robbery’ as he has used violence on the pedestrian and stolen the MP3 player

Question 17

123) Brad goes up to Kevin and threatens him with “a hiding” if the sunglasses Kevin is wearing are not handed over to him immediately. Kevin refuses to comply and Brad punches him in the head. The sunglasses break. Brad, no longer interested in glasses, walks away empty-handed.

a) Attempted robbery
b) Robbery
c) Assault with intent to rob

Answer 17

c) Assault with intent to rob

Question 18

124) Which of the following scenarios does constitute a robbery?

a) Knocking the victim to the ground whilst grabbing a cash bag.
b) Struggling with a victim who is hanging onto a cash bag.
c) Snatching a cash bag from a victim.

Answer 18

a) Knocking the victim to the ground whilst grabbing a cash bag.

Robbery, as defined in section 234 of the Crimes Act 1961 is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.

In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

To ‘overcome’ means ‘to defeat; to prevail over; to get the better of in a conflict’. This provision will therefore apply when the victim is resisting, and the offender uses violence or threats to overpower and subdue the victim. (p176)

Question 19

125) Karen (16) is the rear seat passenger in a car driven at speed by her friend Shane (17 who holds a restricted drivers licence). Shane fails to give way at a busy intersection and collides with another vehicle. Following the impact, his car spins out of control and collides with another vehicle. Following the impact, his car spins out of control and crashes through the fence of John’s house close to the intersection. Both youths are injured and Karen, who is not wearing a seatbelt, is thrown from the vehicle and suffers severe head injuries that will require considerable rehabilitation and medical care. Sam (27), the driver of the other car, escapes with minor cuts and bruises but his car is written off. Anaru (4) who was riding his tricycle on the footpath is severely frightened. The crash is another in a series of vehicle accidents at the intersection and the neighbouring community it fearful of further injuries or a road death. Identify the victim/victims in the above incident.

a) Karen, Shane, Sam, John and the neighbours.
b) Karen, Sam, John, and Anaru and their family members.
c) Karen, Sam, Anaru, their families and the concerned neighbours.

Answer 19

b) Karen, Sam, John, and Anaru and their family members.

Question 20

126) Sandra is 18 years old and has a reputation for being a fighter. Aroha is sitting at the bus stop when Sandra comes up and tells Aroha that she likes the jacket she is wearing. Aroha knows Sandra was involved in a fight last week so takes off her jacket, gives it to Sandra and then runs away. What offence has Sandra committed?

a) Demanding with menaces.
b) No offence.
c) Theft.

Answer 20

b) No offence.

Question 21

127) 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:

a) acted with intent to cause grievous bodily harm to any person
b) acted with the intent to injure any person
c) acted with reckless disregard for the safety of other.

Answer 21

c) acted with reckless disregard for the safety of other.

Question 22

128) You have arrested John for aggravated robbery but would like to obtain further information from him. Which of the following statements is most correct?

a) you can continue to interview him but your questions must not amount to cross-examination.
b) you can cross examine him for as long as necessary to gather further evidence against him.
c) you can only question an arrested person to clear up any ambiguities in their previous statements.

Answer 22

a) you can continue to interview him but your questions must not amount to cross-examination.

Question 23

129) Jo Brown heading home after a night in town is kicked and punched by a group of offenders. As a result of the assault Jo suffers severe bruising to his face but develops severe and ongoing depression and is unable to be left alone at night. In relation to sections 188-193 of the Crimes Act 188-193 of the Crimes Act 1961 Jo is considered to have been:

a) Disfigured
b) Injured
c) Maimed

Answer 23

b) Injured

Under section 2 of the Crimes Act 1961, to injure means to cause actual bodily harm.

Actual bodily harm:
* Does not require proof of physical injury and may include producing an hysterical or nervous condition – R v Miller (1954)
* Includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than merely transient and trifling – R v Donovan (1934). For example, it is unlikely that a bruised arm would be considered to be actual bodily harm
* It is not necessarily limited to physical injuries. It may relate to an impaired state of mind; for example, where a victim can no longer go about their normal life as a result of the fear and shock caused by the assault. This must be a psychiatric injury, identifiable as a clinical condition. Other states of mind or emotions, such as fear or distress, will not meet the test of actual bodily harm.

Question 24

130) 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 action of George is:

a) ‘theft’ as the violence used was minimal and would not constitute robbery
b) ‘theft’ in relation to the stolen property and ‘assault’ in relation to the violence
c) ‘robbery’ as the theft was accompanied by a sufficient level of violence

Answer 24

c) ‘robbery’ as the theft was accompanied by a sufficient level of violence

Question 25

131) 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 his fist and demonstrates a punching movement. Can Stan be charged with assault?

a) Yes, because to threaten another is an indirect application of force.
b) Yes, because Bert and Gloria have reason to believe Stan can harm them.
c) No, because Stan has not actually applied any force to Bert or Gloria.

Answer 25

b) Yes, because Bert and Gloria have reason to believe Stan can harm them.

Question 26

132) It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with intent to rob’:

a) immediately after the assault
b) at a time proximate to the planned robbery
c) at the time of the assault

Answer 26

c) at the time of the assault

Question 27

133) What is the primary consideration when a suspect for a serious assault raises the issue of self-defence?

a) Whether the suspect’s actions were in proportion to the alleged threats made by the victim.
b) The actions by the victim prior to the assault.
c) The injuries received by the victim as a result of the assault.

Answer 27

a) Whether the suspect’s actions were in proportion to the alleged threats made by the victim.

Question 28

134) Steve goes to his local pub where after a few drinks he gets in to 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 on 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?

a) injuring with intent (Section 189(1)
b) wounding with intent (Section 188(1)
c) assault with a weapon (Section 202C)

Answer 28

b) wounding with intent (Section 188(1)

Question 29

135) 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?

a) ‘aggravated robbery’ as Henry has used violence on more than one person and stolen property.
b) ‘theft’ as the violence was used on Keith but the property was taken from Steve.
c) ‘robbery’ as Henry has used violence and stolen property.

Answer 29

c) ‘robbery’ as Henry has used violence and stolen property.

Question 30

136) Gary is upset because Bert is going out with his ex-girlfriend. Gary approaches Bert and throws a punch at this head. Bert ducks and the punch misses. Which of the following statements is true?

a) Gary commits the offence of ‘assault’ because an attempt to strike the victim but missing falls with the definition of assault.
b) Gary commits ‘no offence’ because he had the mens rea to strike the victim but failed to complete the full act.
c) Gary commits the offence of assault with intent to injure because the potential for serious injury to the victim was likely.

Answer 30

a) Gary commits the offence of ‘assault’ because an attempt to strike the victim but missing falls with the definition of assault.

Question 31

137) Paul is waiting at the bus stop talking on 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 girls run away. Which of the following offences best describes Andrea’s criminal liability?

a) Aggravated robbery
b) Attempted aggravated robbery
c) Assault with intent to rob

Answer 31

a) Aggravated robbery

Question 32

138) 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 statement is true?

a) this cannot be an offence of ‘assault’ as no force was applied to Harry and ‘threatening behaviour’ would be a more suitable charge.
b) this cannot be an offence of ‘assault’ as John had no intention of ever harming Harry unless Harry failed to leave the party.
c) this is an offence of ‘assault’ as Harry was threatened by John by his words and gestures and the placing of a condition on the threat does not negate the offence.

Answer 32

c) this is an offence of ‘assault’ as Harry was threatened by John by his words and gestures and the placing of a condition on the threat does not negate the offence.

Question 33

139) Jo has an argument with his neighbour and is so enraged that he burns his cigarette 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 are no longer visible. Which of the following charges is the most appropriate?

a) with intent to injure anyone, maims.
b) with intent to injure anyone, disfigures.
c) with intent to cause grievous bodily harm to anyone, wounds.

Answer 33

b) with intent to injure anyone, disfigures.

To maim means to cause serious bodily injury; for example, the loss of the use of an essential part such as an arm or an eye. Mere disfigurement is not enough. There must be permanent weakness or loss.

Disfigurement consists of external injury that mars or alters a person’s appearance. The injury or damage need not be permanent – R v Rapana and Murray (1988).

A person is wounded if the skin has been broken, or there is an internal injury caused by, for example, a kick. The would does not have to be dangerous, although more than a minimal flow of blood is required. A bleeding nose or a graze may not be sufficient to prove wounding.