Offences

Question 1

In relation to assault, what is the difference between the Summary Offences Act 1981 & the Crimes Act 1961?

Answer 1

The penalty
Summary Offences Act the penalty is for a term not exceeding 6months imprisonment or a $4000 fine.
The Crimes Act the penalty is a term not exceeding 1 year imprisonment.

Question 2

What are the 4 ways of applying or threatening force?

Answer 2

Direct application of force
Indirect application of force
Transferred malice
Conditional assault

Question 3

What are the elements of common assault?

Answer 3

Assaults

Another person

Question 4

What are the components of assault?

Answer 4

• The act of intentionally applying or
• Attempting to apply force
• To another person
• Directly
• Or indirectly
• Or threatening by any act or gesture to apply such force to another
• if the person making the threat has, or causes the other to believe on reasonable grounds he has
• the present ability to effect their purpose

Question 5

What 3 factors should be considered when deciding which assault offence to charge an offender with?

Answer 5

The intent
Weapons or degree of force used
Injury received (if any)

Question 6

How is strangulation by asphyxia characterised?

Answer 6

By closure of the blood vessels or air passages of the neck as a result of external force on the neck.

Question 7

How is strangulation by suffocation characterised?

Answer 7

Produced by blocking the nose and/or the mouth

Question 8

Which Act and section is Wilful damage found in?

Answer 8

Summary Offences Act 1981 section 11

Question 9

What are the elements of Wilful Damage?

Answer 9

Intentionally
Damage any property, or
Set fire to any tree or other vegetation

Question 10

What is the maximum penalty for Wilful Damage?

Answer 10

3 months imprisonment or a $2000 fine

Question 11

Define Intentionally?

Answer 11

A deliberate act, without lawful justification, excuse or claim of right
OR
A reckless act, without lawful justification, excuse or claim of right

Question 12

Define Damages?

Answer 12

Temporary or permanent reduction in the value and/or usefulness of the property

Question 13

Define property?

Answer 13

Something that belongs to another person and is capable of being damaged

Question 14

Define Sets fire to?

Answer 14

Damages through use of fire

Question 15

Define any tree or vegetation?

Answer 15

Any growing plant

Question 16

What are the 5 elements of theft?

Answer 16

Dishonestly
Without claim of right takes
Any property
With intent to deprive any owner permanently of that property or any interest in that property

Question 17

What are the elements of burglary?

Answer 17

Enters
Any building OR ship
Without authority
With intent to commit an imprisonable offence

Question 18

What are the elements of robbery?

Answer 18

Theft
Accompanied by violence OR
Accompanied by threats of violence
To any person OR
To any property
Used to extort the property stolen OR
To prevent or overcome resistance to the property being stolen