Offence Analysis Flashcards
What are the elements of assault?
- Assaults
- another person
What is the definition of assaults?
The act of intentionally applying, or attempting to apply, force to another person, either directly or indirectly, or threatening by act or gesture to apply such force, where the person making the threat has, or causes the other person to believe on reasonable ground that he has, the present ability to affect his purpose
What is the difference between Common Assault under the Summary Offences Act 1981 s9 and the Crimes Act 1961 s196?
- Summary offences act penalty = max 6 months imprisionment or a fine not exceeding $4000
- Crimes Act 1961 s196 imprisionment not exceeding 1 year
Which of the following in a example of:
- Direct assault
- Indirect assault
- Conditional assault
- transferred malice
Billy punches his friend Dave
Direct assalt
Which of the following in a example of:
- Direct assault
- Indirect assault
- Conditional assault
- transferred malice
Billy goes to punch dave but misses and hits Greg in the back instead
transferred malice
Which of the following in a example of:
- Direct assault
- Indirect assault
- Conditional assault
- transferred malice
Greg gets angry and tells Billy if he doesn’t leave now he will punch him in the head and knock him out
Conditional assault
Which of the following in a example of:
- Direct assault
- Indirect assault
- Conditional assault
- transferred malice
Later on Greg sees Billy and to get revenge pulls his chair out when he is about to sit down. Billy falls to the ground
indirect assault
If Greg told Jimmy he was going to punch the ugly smug look off his face if he keeps looking at him raising his fists, but Greg and Jimmy are separated by a room divider that can’t be crossed without going outside and into the other room.
Greg is threatening by act or gesture, but does Greg have the present ability to affect his purpose?
No
If Timmy finds Greg is the toilet and starts banging on the door saying get out of there or I will climb over the door and knock your teeth out, does Timmy have the present ability to affect his purpose, or has he caused Greg to believe on reasonable grounds that he has the present ability?
Yes, Timmy is making Greg believe he could get into the toilet cubical with him by climbing over.
Can you be charged with attempted assault?
No, attempting to assault someone comes under the definition of ‘Assault’. therefore an ‘attempt’ of assault is the same as completing the act
Give 2 examples of the ‘Doctrine of Transferred Malice’
- Lily goes to kick Paul but Paul moves out of the way and instead she kicks Sally
- Sally picks up a que ball and throws it at Lily but it misses and hits Pete instead
Explain the term ‘implies consent’
In everyday life, technical assaults are committed through acts such as: kissing, hand shakes and touching someones shoulder.
Although permission is not verbally expressed, with the right person there is implied consent.
What are the factors to take into account when deciding under which Act to charge someone with assault?
- The intent
- The degree of force
- Weapons used
- injuries sustained
What are the elements of Theft (by taking)
-Dishonestly
- without claim of right
-Takes
-Any property
-With intent to deprive any owner permanently of that property OR
deal with the property in a manner so that it cannot be restored to its original condition
OR
with intent to deprive any owner permanently of that part of the property in which they have an interest
What are the elements of Theft (uses or deals)?
-Dishonestly
- Without claim of right
-Uses or deals with
- Any property
- With intent to deprive any owner permanently of that property OR
deal with the property in a manner so that it cannot be restored to its original condition
OR
with intent to deprive any owner permanently of that part of the property in which they have an interest
- After obtaining possession or control of that property in whatever manner
What does ‘Taken’ mean?
Moved
What does ‘Uses’ mean?
Possession is gained legally, such as putting petrol in your car, and then the thief begins to make decisions about the property as though they were the owner, such as then driving off without paying for the petrol
For the purposes of Theft, when is a person regarded at the owner of any property that is stolen?
If at the time of the theft, that person has:
- possession or control of the property
- any interest in that property
- the right to take possession or control of the property
What is the penalty for each of the following under the crimes Act 1961 s223?
- Theft of a $2000 phone
- Theft of a $5 bottle of milk
- Theft of a $800 laptop
- 7 years imprisionment
- 3 months imprisionment
- 1 year imprisionment
Describe how taking someones ring and melting it down to sell is Theft by taking:
By melting down the ring it can’t be restored to its original condition so the owner is permanently deprived of that property
What offence is committed if Jack, working at a fuel station, gives some of the fuel to his friend without paying?
Theft by using or dealing. Jack has legal control of the fuel station but then assumes ownership and starts making decisions about it as though he owned it. He is using and dealing with the property
What are the elements of Burglary (enters)?
- Enters
- Any building or ship, or part of any building or ship
- Without authority
- With intent to commit an imprisionable offence
Under the definition of building, it can include many types of structures. Is an aircraft at the local airport considered a building?
No
What are the elements for robbery?
-Theft
- Accompanied by act of violence
-To any person or property
- To prevent or overcome resistance to that property being stolen, OR
used to extort the property stolen
