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Clash Cards > Offences > Flashcards

Offences Flashcards

1
Q

Definition of Assault

A

Intentionally applying or attempting to apply force to another person

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2
Q

What are the 3 types of assaults?

A

Directly
Indirectly
Conditional

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3
Q

What are the two Acts that cover assault?

A

Crimes Act 1961

Summary offences Act 1981

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4
Q

Why is the element “another person”?

A

You cannot assault an animal or yourself.

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5
Q

Can you be charged with assault for an injury that was caused to another person out of fear for being assaulted?

A

Yes

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6
Q

What is conditional assault?

A

A threat followed by a condition.

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7
Q

What is Mens rea?

A

The act of doing something wrong knowingly.

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8
Q

What is Actus reus?

A

A guilty act

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9
Q

What is consensual assault?

A

Common everyday acts such as a handshake or high-five

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10
Q

What Act and Section is common Assault?

A

Summary offences Act 1981
Section 9

And

Crimes Act 1961 
Section 196 (Punch to the head from behind)
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11
Q

What Act and section is assaulting a constable?

A

Summary offence Act 1981

Section 10

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12
Q

What Act and section is Male assaults female?

A

Crimes Act 1961

Section 194b

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13
Q

Section 9, Summary Offences Act 1981?

A

Common Assault

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14
Q

Section 10, Summary Offences Act 1981

A

Assaulting a constable

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15
Q

Section 192, Crimes Act 1961

A

Aggravated assault

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16
Q

When deciding what Act and section to use for an assault, what 3 factors must be considered?

A

The intent
Weapons or degree of force
Injury received

17
Q

What is the difference between Crimes Act 1961 and Offences Act 1981?

A

Crimes Act deals with more serious cases

18
Q

Strangulation

A

A) Blocking a persons nose, mouth or both

B) Applying pressure on, or to, that other persons throat, neck or both

19
Q

Gives a constable the power to use force when making an arrest - Section and Act?

A

S39

Crimes Act 1961

20
Q

Gives power to for use of force while escaping - Section and Act?

A

S40

Crimes Act 1961

21
Q

Force to be used to prevent a breach of the peace

A

Section 42

Crimes Act

22
Q

Gives the power to use for saving someone’s life or yours?

A

Section 48

Crimes Act 1961

23
Q

Anyone authorised to use force is criminally responsible for any excess force. What section?

A

S62

Crimes Act 1962

24
Q

Parent control what section and Act?

A

S59

Crimes Act 1961

25
Q

What is VAWSEEPO?

When working a scene.

A 
Victim/informant 
Appreciation 
Witness 
Scene 
Exhibits 
Elements 
Powers
Offenders
26
Q

Elements of theft?

A

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

27
Q

Theft - using and dealing

What are the 2 different elements?

A

Uses or deals with

After obtaining procession or control of that property in what ever manner.

28
Q

Why is value important?

A

It determines the penalty of the imposed upon conviction.

29
Q

Burglary Crimes Act 1961

What are the elements?

A

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

30
Q

What is aggravated burglary?

A

A weapon is on the person

31
Q

Burglary (having entered)

What does this mean?

A

The offender entered legally but remains without authority

32
Q

What is an Artifice and why is it important?

A

It is a way of getting access to property under false pretences.

33
Q

Robbery
Crimes act 1961

What are the elements?

A

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

34
Q

What is aggravated robbery?

A

At the time, before or after causing GBH.

One or more person(s) or armed with an offensive weapon while robbing another person.

35
Q

What is an assault with the intent to rob?

A

An unsuccessful robbery where someone is assaulted.

36
Q

Wilful Damage
Summary Act 1981

What are the elements?

A

Intentionally

Damages

Property

OR

Any tree or vegetation

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