Investigating Violence Offences

Question 1

What are the elements of Aggravated assault?

Answer 1

You must prove the identity of the suspect and they:
with intent to:
- committed of facilitated the commission of any imprisonable offence, or
- avoid detection of self/another in commission of any imprisonable offence, or
- avoid arrest or facilitate flight of self/another upon commission or attempted commission of any imprisonable offence
- assaulted any other person

You must prove the intent of the offender:

• in relation to the commission or attempted commission of an imprisonable offence, and
• to assault

Question 2

What are the elements of Aggravated wounding?

Answer 2

You must prove the identity of the suspect and they:
with intent to:
- committed of facilitated the commission of any imprisonable offence, or
- avoid detection of self/another in commission of any imprisonable offence, or
- avoid arrest or facilitate flight of self/another upon commission or attempted commission of any imprisonable offence
- wounds, maims, disfigures or causes grievous bodily harm to any person, or
- stupefies a person, or
- renders a person unconscious, or
by any violent means renders any person incapable of resistance.

Question 3

What are the elements of Aggravated injury?

Answer 3

You must prove the identity of the suspect and they:
with intent to:
- committed of facilitated the commission of any imprisonable offence, or
- avoid detection of self/another in commission of any imprisonable offence, or
- avoid arrest or facilitate flight of self/another upon commission or attempted commission of any imprisonable offence
- injured any person

You must show the offender intended to injure as well as commit the offence.

Question 4

What are the elements of Assault by male on female?

Answer 4

You must prove the identity of the suspect and that he is a male, and that he assaulted a female.

Question 5

What are the elements of Assault on a child?

Answer 5

You must prove the identity if the suspect and that they assaulted a child under the age of 14 years.

Question 6

What are the elements of Assault on police, traffic or prison officer?

Answer 6

You must prove the identity of the suspect and that they:

• assaulted any:
• Police constable, or
• Traffic officer, or
• Correctional officer
• Who was acting in the execution of their duty

Question 7

What are the elements of Assault with a weapon?

Answer 7

You must prove the identity of the suspect and that they:
- in assaulting a person
- used anything as a weapon
Or
- while assaulting any person
- had any thing with them
- in circumstances that prima facie showed an intent to use it as a weapon.

Question 8

What are the elements of Assault with intent to injure?

Answer 8

You must prove the identity of the suspect and that they:

• with intent to cause actual bodily harm
• assaulted any person

Question 9

What are the elements of Common assault?

Answer 9

You must prove the identity of the suspect and that they assaulted any person

Question 10

What are the elements of Ill-treatment or neglect of child or vulnerable adult?

Answer 10

You must prove the identity of the suspect and that they:
are a person who:
- has actual care or charge of the victim, or
- is a staff member of any hospital, institution, or residence where the victim resides
Intentionally
- engaged in conduct 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 any mental disorder or disability to a child or vulnerable adult if the conduct is engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.

Question 11

What are the elements of Discharging firearm or doing dangerous act with intent - intent to cause grievous bodily harm?

Answer 11

You must prove the identity of the suspect and that they:
with intent to do grievous bodily harm:
- discharged any firearm, airgun, or other similar weapon at any person, or
- sent or delivered to any person, or put in any place, any explosive or injurious substance or device, or,
- set fire to any property

Question 12

What are the elements of Discharging firearm or doing dangerous act with intent - intent to injure

Answer 12

You must prove the identity of the suspect and that they:
with intent to injure, or
- with reckless disregard for the safety of others:
- discharged any firearm, airgun, or other similar weapon at any person, or
- sent or delivered to any person, or put in any place, any explosive or injurious substance or device, or,
- set fire to any property

Question 13

What are the elements of Injuring by unlawful act?

Answer 13

You must prove the identity of the suspect and that:
- their act or omission
- resulted in injury to any person
in circumstances that if death occurred it would be considered manslaughter

Question 14

What are the elements of Injuring with intent to cause grievous bodily harm?

Answer 14

You must prove the identity of the suspect and that they:

• with intent to cause grievous bodily harm to anyone
• injured any person

Question 15

What are the elements of Injuring with intent to injure?

Answer 15

You must prove the identity of the suspect and that they:

• with intent to injure anyone, or
• with reckless disregard for the safety of others:
• injured any person

Question 16

What are the elements of Using a firearm against law enforcement officer?

Answer 16

You must prove the identity of the suspect and that they:

• used any firearm
• in any manner
• against a constable, traffic officer or prison officer acting in the execution of their duty
• knowing, or being reckless as to whether, that person is a constable, traffic officer or prison officer.

Question 17

What are the elements of Using a firearm to resist arrest?

Answer 17

You must prove the identity of the suspect and that they:

• used any firearm
• in any manner
• with intent to resist lawful arrest or detention of themselves or any other person

Question 18

What are the elements of Commission of a crime with firearm?

Answer 18

You must prove the identity of the suspect and that they:

• in committing any imprisonable offence, used a firearm, or while committing any imprisonable offence has any firearm with them
• in circumstances that prima facie show an intent to use it in connection with the imprisonable offence

Question 19

What are the elements of Wounding with intent to cause grievous bodily harm?

Answer 19

You must prove the identity of the suspect and that they:
with intent to cause grievous bodily harm to anyone:
- wounded, or
- maimed, or
- disfigured, or
- caused grievous bodily harm to
- any person

Question 20

What are the elements of Wounding with intent to injure?

Answer 20

You must prove the identity of the suspect and that they:
with intent to injure anyone, or
- with reckless disregard for the safety of others:
- wounded, or
- maimed, or
- disfigured, or
- caused grievous bodily harm to
- any person

Question 21

What are the elements of Robbery?

Answer 21

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

Question 22

When proving the element of possession, what two things do you have to prove?

Answer 22

1 - The physical element, it can be actual or potential. Actual possession is when it is in the persons physical control or custody, potential is when the person has the potential to have the item in their control. For example having it stored at an associates house etc.
2 - The mental element, the person must have both the knowledge they possess the item and have an intent to possess the item.

Question 23

What are the elements of Aggravated Robbery?

Answer 23

Everyone is liable to imprisonment for a term not less that 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 any thing appearing to be such a weapon or instrument, robs any other person

Question 24

What are the elements of Assault with intent to rob?

Answer 24

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,
(a) caused 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

(2) Everyone who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years.