Offences

Question 1

The definition of assault.

Answer 1

Assault is 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 such force to the person of another,if the person making the threat has, or causes the other person to believe on reasonable grounds that he has, the present ability to effect his purpose.

Question 2

Where can you find the definition of assault

Answer 2

the interpretation section (Section 2) of the summary offences act 1981 and the crimes act 1961

Question 3

Name four types of assault

Answer 3

Direct assault, indirect assault, transferred malice, conditional assault, implied consent.

Question 4

Describe direct assault.

Answer 4

Punching someone or directly hitting them with a weapon.

Question 5

Describe conditional assault.

Answer 5

Telling someone to leave or you’ll hurt them.

Question 6

Describe indirect assault.

Answer 6

Moving a chair when someone is about to sit down

Question 7

Describe the act of attempting assault

Answer 7

Throwing a punch but missing with the intention to hit the victim

Question 8

What are the two elements of assault

Answer 8

Assault, of another person

Question 9

Which three factors must be considered when deciding which act and section to charge a person.

Answer 9

The intent ( did the offender want to scare, injure, or kill the victim)
Weapons or degree of force ( was the assault a mere slap or was a weapon used)
Injury received ( was the victim injured wounded or killed)

Question 10

How are elements of assault proven

Answer 10

Acts of intentionally applying force to the person of another, directly
OR
Threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

Question 11

Explain section 59, crimes act 1961

Answer 11

This section explains that a parent/guardian have the right to use force on a child for minimising or preventing behaviour that is harmful criminal offensive or disruptive.

Question 12

Explain section 39 crimes act

Answer 12

Gives a constable or other person the power to use force in making an arrest.

Question 13

Explain section 40 crimes act

Answer 13

Police can use force to stop a person escaping

Question 14

Explain section 42

Answer 14

Allows anyone to use reasonable force to prevent a breach of peace

Question 15

Explain section 48

Answer 15

Allows anyone to use as much reasonable force to defend themselves

Question 16

Explain section 62

Answer 16

Everyone authorised by law to use force is criminally responsible for any excess, according to the nature quality of the act that constitutes the excess.

Question 17

When dealing with victims remember

Answer 17

Photos
Clothing
Scene
Witnesses
Injuries
Medical

Question 18

What are the elements of theft

Answer 18

Dishonestly
Without claim of right
Takes
Any property
With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property

Question 19

What act and section does theft come under

Answer 19

Crimes act 1961, Sec219 (1)(a) or 223 (C) or 223(d)