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RNZPC Initial Training > OF01: Assault > Flashcards

OF01: Assault Flashcards

1
Q

Define ‘assault’

See also Notebook

A

Act or threat (words/gesture)
To intentionally apply or attempt to apply force
Directly or indirectly

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2
Q

Which statutes cover assaults and what type of assaults?

A

Summary Offences Act 1981, Section 9
Crimes Act 1961, Section 196
Minnor Assaults

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3
Q

What is the difference between the two enactments?

A

The penalties

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4
Q

What is the penalty under SOA, Section 9?

A

6 Months Imprisonment, or

$4,000.00 fine

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5
Q

What is the penalty under CA 1961?

A

1 year Imprisonment

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6
Q

Explain ‘the act of intentionally applying…’

A

The deliberate act

Degree of force

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7
Q

Explain ‘attempting to apply…’

A

The act of the attempted

The attempt is the force

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8
Q

Explain ‘directly’

A

Force is applied to the person

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9
Q

Explain ‘indirectly’

A

An act that is intended to apply force

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10
Q

Explain ‘threatening by any act or gesture…’

A

Words and gestures

Obvious intention to apply force

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11
Q

Explain ‘causes the other to believe on reasonable grounds…’

A

Offender’s conduct

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12
Q

Explain ‘the present ability to effect their purpose’

A

Threats and gestures

Ability to apply force NOW

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13
Q

Name the 3 types of assaults

A

Direct
Indirect
Conditional

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14
Q

Define ‘direct’ assault

A

Deliberate act to the victim

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15
Q

Define ‘indirect’ assault

A

Force not directly applied to the victim

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16
Q

Define ‘conditional’ assault

A

No act will be applied if the victim complies to the condition

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17
Q

State the ruling of Police v Greaves by the Court of Appeal

A

Conditional THREAT constitute an offence of assault

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18
Q

State the outcome of FAGAN v Metropolitan Police

A

Unintentional act to a situation, but a deliberate act to continue or remain in the act of the situation

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19
Q

What is the ‘Doctrine of Transferred Malice’?

A

Necessary intent
To commit an act
Applied to unintended victim

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20
Q

Explain the outcome of R v Latimer

A

Acted in malice

No requirement for the intent to relate to a named victim

21
Q

Explain the outcome of R v McMasters

A

Applied force to unintended victim is not necessary

22
Q

When can the Mens Rea not be transferred?

A

If there was an intent for a different offence than what was committed

23
Q

What are some technical assaults?

A

Touching a shoulder
Hug
Hand shake

24
Q

What does a ‘technical assault’ imply?

A

Consent (implied consent)

25
Q

Describe criminal assault

A

Assault committed
With intent
To harm or injure the victim

26
Q

Can a person consent to a criminal assault?

A

No

27
Q

State the elements of assault

A

Assaults

Another person

28
Q

Which 2 enactments cover the assault of a Constable, Traffic or Prison Officer?

A

Summary Offences Act 1981, Section 10

Summary Offences Act 1961, Section 39(1)

29
Q

When does SOA, Section apply?

A

Minor nature of assault

Police acting in lawful execution of his/her duty

30
Q

Which enactment covers Strangulation and Suffocation?

A

Crimes Act 1961, Section 189A

31
Q

What are the factors to consider when deciding on an appropriate charge for the offence?

A

The intent
Weapons or degree of force
Injury

32
Q

How can intent be proven?

A

Circumstantial evidence
Nature of offence
Explanations

33
Q

What constitutes ‘strangulation’?

A

Intentionally or recklessly
Impedes
Breathing and/or blood circulation

34
Q

How can ‘strangulation’ be done?

A

Manually

Using an aid

35
Q

Define ‘impede’

A

Obstructing or interfering
With normal function rather than
Blocking or preventing

36
Q

Explain “asphyxia”

A

Closure of blood vessels or air passages
Applying pressure to or on
Throat and/or neck

37
Q

Explain ‘suffocation’

A

Blocking

Nose and/or mouth

38
Q

Explain the legal justification of use of force in Section 59, Crimes Act 1961: Parental Control

A

Force used for the purpose of correcting a CYP

39
Q

When is using force under Section 59 constituted as an assault on a child?

A

Smacking a child for the purpose of correcting or punishment

40
Q

Parents have the right to use force on a child for what?

A

Minimising or preventing

Harmful, offensive, disruptive or criminal behaviour

41
Q

Police have the power to use force in making an arrest

A

Section 39, Crimes Act 1961

42
Q

Police have the authority to use force in preventing an escape of custody

A

Section 40, Crimes Act 1961

43
Q

Any person is allowed to used reasonable force to prevent a breach of peace

A

Section 42, Crimes Act 1961

44
Q

Anyone is allowed to use as much force as reasonable in self defence of defence of another

A

Section 48, Crimes Act 1961

45
Q

Anyone authorised by law to use force is criminally responsible for any excess, according to the nature & quality of the act

A

Section 62, Crimes Act 1961

46
Q

Define ‘Police misconduct’

A

Unreasonable, unnecessary, or unjustified use of force

47
Q

What are the consequences of ‘police misconduct’?

A

Criminal charge/s

Dismissal

48
Q

State the procedure when dealing with a victim of assault

A

Photographs, Damage to clothing, Examine scene, find witnesses, Obvious injuries and verify

49
Q

State the procedure when dealing with a suspect or offender

A

Gain & record admission
Cuts/bruises/grazes
Seize exhibits

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