Crimes Act 1961

Question 1

Menaces is;

A person likely to cause harm, a threat or danger.

And..

Threatening words or actions

True or False?

Answer 1

A. A person likely to cause harm, a threat or danger.

C. Threatening words or actions.

Question 2

Maim means:

To wound or injure a person so that part of the body is permanently damaged.

True or False.

Answer 2

True.

Question 3

In relation to Demanding with intent to steal menaces needs to be of physical harm to the person threatened.

True or False

Answer 3

False it is enough that the threat be of something detrimental or unpleasant happening to whom the threat is made.

Question 4

In relation to Demanding with Intent to Steal FORCE in this context need not be directed at the person who will be directed to make or alter the document. Force used on another should suffice.

True or False.

Answer 4

True.

Question 5

A wound is defined as..

Answer 5

A breaking in the continuity of the skin.

Normally evidenced by a flow of blood however the bleeding can include internally.

Question 6

A wound requires what two things to be considered a wound?

Answer 6

1. Breaking of the skin

2. A flow of blood either externally or internally.

Question 7

When considering a charge of wounding with intent is mistaken identity a defence?

Answer 7

No.

Question 8

Claim of right is a defense for Robbery however the person may be still liable for the assault.

True or False.

Answer 8

True. There is no theft and therefore no robbery if the defendant believes him or herself entitled to the property.

Question 9

When considering a charge of Aggravated robbery can two or more persons be armed with an offensive weapon?

Answer 9

Yes. If they both have ready access to and a significant degree of control over a single weapon.

Question 10

When considering a charge of aggravated robbery to be armed with a weapon means to have it on your person or immediately available.

True or False

Answer 10

True.

Question 11

When considering a charge of aggravated robbery an offensive weapon is considered to be something made for attacking another or which is carried for the purpose of inflicting bodily harm.

True or Flase.

Answer 11

True.

Question 12

An imitation firearm is not considered to be an offensive weapon.

True or False.

Answer 12

False. Imitation firearms will be something appearing to be a weapon and this includes replicas the victim believes to be genuine.

Question 13

When considering a charge of aggravated robbery an instrument is defined as an innocuous object the defendant later and in the course of the robbery employs as an offensive weapon.

True or False.

Answer 13

True.

Question 14

If the defendant merely pretends to be in possession of an offensive weapon ie. Uses his fingers to simulate a gun under his hoody.. Is the defendant liable for aggravated robbery?

Answer 14

No the defendant is not armed with any “thing”

Question 15

Is presence at a robbery without active participation even if that presence amounts to aiding or abetting the robber enough for an offence of aggravated robbery?

Answer 15

No.

Question 16

It is a requirement that the victim must have knowledge of the presence and participation of each offender for it to be considered aggravated robbery.

True or False.

Answer 16

False.

Question 17

To consider a charge of aggravated robbery there must be proof that the defendant was part of a joint enterprise of two or more persons who a physically present at the robbery and share the intent to rob and each play a part to accomplish it.

True or False.

Answer 17

True.

Question 18

Name the three aggravating factors to take a charge of robbery to a charge of aggravated robbery.

Answer 18

1. Robs any person and immediately before or after the robbery causes grievous bodily harm.
2. Being together with any other person or person robs any person.
3. being armed with any offensive weapon or instrument (including anything to be a weapon or instrument) robs any person.

Question 19

In order for it to be considered Grievous Bodily Harm the harm should be serious enough to interfere with the comfort or health of the victim and need not be permanent or considered dangerous.

True or False.

Answer 19

True.

Question 20

No physical contact is required for an assault to have taken place if the defendant has threatened by any act or guesture to apply force and has the present ability to carry it out.

True or False.

Answer 20

True.

Question 21

In relation to a charge of aggravated wounding or injury “violent means” is to render the other person incapable of resistance.

True or False.

Answer 21

True.

Question 22

To 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 anyway which might hinder an intended crime is defined as what?

Answer 22

Stupefies

Question 23

Really serious hurt or really serious harm is defined as..

Answer 23

Grievous bodily harm

Question 24

A weapon has no definition there is only reference to a weapon being any thing.

True or False

Answer 24

True.

Question 25

A dog or a car can be considered a weapon.

True or False.

Answer 25

True.

Question 26

If the defendant intended to strike one person but unintentionally struck another whether by missing the intended victim and hitting the victim or hitting the victim and the also applying force to a third party that is still an intentional assault on the third party.

This is called what?

Answer 26

The doctrine of transferred malice.

Question 27

Acting recklessly and hitting another person is not enough for a charge of assault. The force must be done intentionally.

True or False.

Answer 27

True.

Question 28

To injure means to cause actually bodily harm

Answer 28

True to cause actual bodily harm all that is necessary is that there should be a hurt or injury calculated to interfere with the health or comfort of the victim.

Question 29

To injure someone requires proof of physical injury.

True or False.

Answer 29

False to cause actual bodily harm which is the definition of to injure does don’t require proofed of physical injury.

Question 30

Disfigurement is external injury which Mars or alters the figure or appearance of a person. Disfigurement does not necessarily involve permanent injury or damage.

True or False

Answer 30

True.

Question 31

Permanent injury is required for proof of wounding, maiming, or grievous bodily harm.

True or False.

Answer 31

False.

Question 32

Maim is defined as depriving another the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary.

True or False.

Answer 32

True.

Question 33

The use of force to escape attempted apprehension for theft does not accompany the theft, and is therefore not sufficient to constitute robbery.

True or False.

Answer 33

True

Question 34

What are the three aggravating factors for aggravated assault?

Answer 34

Assaults any other person with the intent to:

1. To commit or facilitate the commission of any imprisonable offence.
2. To avoid detection of themselves or any other person in the commission of any imprisonable offence.
3. To avoid arrest or facilitate their flight or any other persons upon the commission or attempted commission of any imprisonable offence.

Question 35

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.

True or False?

Answer 35

False. This is an example of a Transferred Malice.

Question 36

Jo 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 charge?

A. Common Assault.

B. Injuring with intent to injure.

C. Aggravated assault.

Answer 36

C. Aggravated assault.

Question 37

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 lung.

In relation to s188 of the Crimes Act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be:

Select one:

A. A wound.

B. An injury.

C. Really serious harm.

Answer 37

A. A wound.

Question 38

The term wilfully neglects in relation to section 195 Crimes Act 1961 means:

A. Deliberate or reckless failure to provide care.

B. Causing unnecessary suffering to a child under 16.

C. A failure for whatever reason to provide care.

Answer 38

A. Deliberate or reckless failure to provide care.

Question 39

Maims means:

Answer 39

To cause serious bodily injury. Ie the loss of an arm or eye. There must be permanent weakness or loss.

Question 40

Grievous bodily harm means:

Answer 40

Harm that is really serious or really seriously hurts. This can include diseases and injuries to the mind.

Question 41

Disfigured means:

Answer 41

External injury that Mars or alters a persons appearance does not need to be permanent.

Question 42

No application for a protection order may be made against a minor under the age of 17 unless in what circumstance?

Answer 42

They have been married are in a defacto relationship or a civil union.

Question 43

A temporary protection order continues in place unless one of what 3 circumstances exsist?

Answer 43

1. The order becomes final.
2. The order lapses (by not being served on the defendant within the required 3 months and no extensions filed).
3. The order is discharged.

Question 44

A final protection order continues in force until it is discharged. True or False?

Answer 44

True.

Question 45

Two offenders intent to rob an office manager of his laptop computer. They approach the victim and tell him that if he does not hand over his computer they will smash his head in. The victim, believing that he is about to be assaulted, runs off and keeps possession of his computer.

The most appropriate charge in relation to both offenders would be assault with intent to Ron.

True or False?

Answer 45

True.