Investigation Flashcards
What is the definition of assault, as per the S2 interpretation in the Crimes Act?
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 force to the person of another if the person making the threat has, or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.
What does S188 of the Crimes Act state with regard to wounding with intent?
Everyone is liable to imprisonment for a term not exceeding 14 years who, WITH INTENT TO CAUSE GBH to anyone, wounds, maims, disfigures or causes GBH to any person.
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 GBH to any person.
What does S189 of the Crimes Act state with regard to injuring with intent?
Everyone is liable to imprisonment for a term not exceeding 10 years who, WITH INTENT TO CAUSE GBH to anyone, injures any person.
Everyone is liable to imprisonment for a term not exceeding 10 years who, WITH INTENT TO INJURE to anyone, or with reckless disregard for the safety of others, injures any person.
What does S190 of the Crimes Act state with regard to injuring by unlawful act?
Everyone is liable to imprisonment for a term not exceeding 3 years who injures any person in such circumstances that if death had been caused, he would have been guilty of manslaughter.
What does S191 of the Crimes Act state with regard to aggravated wounding or injury?
Everyone is liable to imprisonment for a term not exceeding 14 years who with intent to:
Commit/Facilitate the commission of an imprisonable offence; Avoid the detection of himself or any other person in the commission of an imprisonable offence; Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence;
Wounds, maims, disfigures, causes GBH to, stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.
Everyone is liable to imprisonment for a term not exceeding 7 years who with intent to:
Commit/Facilitate the commission of an imprisonable offence; Avoid the detection of himself or any other person in the commission of an imprisonable offence; Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence INJURES any person.
What does S194 of the Crimes Act state with regard to assault on a child or MAF?
Everyone is liable to a term of imprisonment not exceeding 2 years who assaults any child under the age of 14 years OR being a male, assaults any female.
What does S196 of the Crimes Act state with regard to Common Assault?
Everyone is liable to a term of imprisonment not exceeding 1 year who assaults any other person.
What does S198 of the Crimes Act state with regard to discharging a firearm or doing a dangerous act with intent?
Everyone is liable to a term of imprisonment not exceeding 14 years who, with intent to do GBH, discharges any firearm, airgun, or other similar weapon at any person; or sends/delivers/puts in place any explosive substance or injurious substance/device; or sets fire to any property.
Every one is liable to a term of imprisonment not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, discharges any firearm, airgun, or other similar weapon at any person; or sends/delivers/puts in place any explosive substance or injurious substance/device; or sets fire to any property.
What does S198A of the Crimes Act state with regard to using any firearm against a law enforcement officer?
Everyone is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable/traffic officer/prison officer acting in the course of his/her duty knowing that, or being reckless whether or not that person is a constable/traffic officer/prison officer so acting.
Everyone is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of him/herself or of any other person.
What does S202C of the Crimes Act state with regard to Assault with a Weapon?
Everyone is liable to imprisonment for a term not exceeding 5 years who in assaulting any person, uses anything as a weapon, or while assaulting any person, has anything with him or her in circumstances that prima facie show an intention to use it as a weapon.
What is generally accepted definition of injury (“bodily harm”) as described by Brookers?
All that is necessary is that there should be a hurt or injury calculated to interfere with the health or comfort of the victim. It need not be an injury of a permanent character; nor need it amount to what would be considered a grievous bodily harm. The bodily harm may be internal or external, it need not be permanent or dangerous. It need not amount to maiming, disfigurement, or disablement but it must be more than merely transitory and trifling.
What is the Police Manual glossary definition of act or gesture?
Usually, physical movement is necessary for a threat to constitute an assault. In most cases, the movement is accompanied by words, and the combination of the two proves the suspect’s intent. However, physical contact is not necessary for a threat to constitute an assault.
What is the Police Manual glossary definition of any person?
Not confined to the intended victim - a suspect who intends to harm one person but in fact harms another can still be guilty of assault.
What is the Police Manual glossary definition of applying force?
Hitting, with or without an object. Force used can be minimal.
What is the Police Manual glossary definition of conditional threat?
A threat conditional on some subsequent action, which can constitute an assault provided the other requirements of the definition are met.
What is the Police Manual glossary definition of indirect assault?
When the force is not applied directly to the victim, but force is applied to something else which then strikes the person.
What is the Police Manual glossary definition of disfigures?
An external injury that mars or alters a person’s appearance.
What is the Police Manual glossary definition of the Doctrine of transferred malice?
When the defendant intends to commit a particular crime, commits that crime even if the result is unintended. For example if they intend to assault a particular person but assault someone else as well in the process, they are also guilty of assault on that second person even though it was not their intent.
What is the Police Manual glossary definition of a firearm?
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive?
What is the Police Manual glossary definition of grievous bodily harm?
Harm that is really serious or really seriously hurts eg stab wound penetrating a vital organ.
What is the Police Manual glossary definition of injures?
To cause actual bodily harm, which does not require proof of physical injury and may include the production of a mental condition, any hurt calculated to interfere with the health of the victim that is more than transient and trifling.
What is the Police Manual glossary definition of intent?
What the offender meant to do. Can be proved by circumstantial evidence, nature of the offence, suspect’s explanation.
What is the Police Manual glossary definition of maim?
To cause serious bodily injury, eg the loss of a body part - more than disfigurement, there must be permanent weakness or loss.
What is the Police Manual glossary definition of manslaughter?
Culpable homicide not amounting to murder.