Offences Flashcards
Definition of Assault
Intentionally applying or attempting to apply force to another person
What are the 3 types of assaults?
Directly
Indirectly
Conditional
What are the two Acts that cover assault?
Crimes Act 1961
Summary offences Act 1981
Why is the element “another person”?
You cannot assault an animal or yourself.
Can you be charged with assault for an injury that was caused to another person out of fear for being assaulted?
Yes
What is conditional assault?
A threat followed by a condition.
What is Mens rea?
The act of doing something wrong knowingly.
What is Actus reus?
A guilty act
What is consensual assault?
Common everyday acts such as a handshake or high-five
What Act and Section is common Assault?
Summary offences Act 1981
Section 9
And
Crimes Act 1961 Section 196 (Punch to the head from behind)
What Act and section is assaulting a constable?
Summary offence Act 1981
Section 10
What Act and section is Male assaults female?
Crimes Act 1961
Section 194b
Section 9, Summary Offences Act 1981?
Common Assault
Section 10, Summary Offences Act 1981
Assaulting a constable
Section 192, Crimes Act 1961
Aggravated assault
When deciding what Act and section to use for an assault, what 3 factors must be considered?
The intent
Weapons or degree of force
Injury received
What is the difference between Crimes Act 1961 and Offences Act 1981?
Crimes Act deals with more serious cases
Strangulation
A) Blocking a persons nose, mouth or both
B) Applying pressure on, or to, that other persons throat, neck or both
Gives a constable the power to use force when making an arrest - Section and Act?
S39
Crimes Act 1961
Gives power to for use of force while escaping - Section and Act?
S40
Crimes Act 1961
Force to be used to prevent a breach of the peace
Section 42
Crimes Act
Gives the power to use for saving someone’s life or yours?
Section 48
Crimes Act 1961
Anyone authorised to use force is criminally responsible for any excess force. What section?
S62
Crimes Act 1962
Parent control what section and Act?
S59
Crimes Act 1961
What is VAWSEEPO?
When working a scene.
Victim/informant Appreciation Witness Scene Exhibits Elements Powers Offenders
Elements of theft?
Dishonestly
Without claim of right
Takes
Any property
A) with intent to deprive any owner permanently of that property.
B) with intent to deprive any owner permanently of any interest in that property
Theft - using and dealing
What are the 2 different elements?
Uses or deals with
After obtaining procession or control of that property in what ever manner.
Why is value important?
It determines the penalty of the imposed upon conviction.
Burglary Crimes Act 1961
What are the elements?
Enters
Any building OR
Ship OR
Any part of any building OR
Any part of and ship
Without authority
A) with intent to commit an impressionable offence in the building
B) in the ship
What is aggravated burglary?
A weapon is on the person
Burglary (having entered)
What does this mean?
The offender entered legally but remains without authority
What is an Artifice and why is it important?
It is a way of getting access to property under false pretences.
Robbery
Crimes act 1961
What are the elements?
Theft
A) accompanied by violence
B) accompanied by threat of violence
To and person
Or
To any property
Used to extort the property stolen
OR
To prevent or overcome resistance to the property being stolen
What is aggravated robbery?
At the time, before or after causing GBH.
One or more person(s) or armed with an offensive weapon while robbing another person.
What is an assault with the intent to rob?
An unsuccessful robbery where someone is assaulted.
Wilful Damage
Summary Act 1981
What are the elements?
Intentionally
Damages
Property
OR
Any tree or vegetation
