Offences

Question 1

Simon is having an extremely noisy party at his house. A noise abatement notice has been served on Simon but he decides to ignore it and turn the stereo up louder. The local council agent returns to the address to seize the stereo. Simon picks up a golf club, holds it up in the air and states to the agent “the stereo is not going anywhere and if you come any closer I will smack your head in”. What is the most appropriate Crimes Act 1961 assault offence?

Answer 1

Assault with intent to injure (section 193).

Question 2

In relation to section 188 of Crimes Act 1961 the difference between subsections (1) and (2) relates to:

Answer 2

 The intent of the suspect when causing injuries.

Question 3

After being evicted from a party Steve drives his car into a crowd gathered outside of the address, injuring three people. In order to prove recklessness under section 189 (2) Crimes Act 1961, you must prove that Steve…

Answer 3

Consciously and deliberately took an unjustified risk.

Question 4

Last week can you record a large department store we security advised to have CCTV evidence of a female (18 years) shoplifting clothing. On through that investigation you find the young woman has an extensive youth file which includes numerous incidents of dishonesty and theft. Which one of the following public interest factors most supports prosecution in this case?

Answer 4

The likelihood of the offence being repeated.

Question 5

Shane visits his neighbour Brian and an argument develops between the two over the red T-shirt that Ryan is wearing. Shane hits Brian in the face with a hammer causing Brian to permanently lose the sight in his eye. When interviewed Shane states that he only meant to hurt Brian and did not intend to make him blind. Can Shane claim that he acted in self defence?

Answer 5

No, there was no force or imminent force from Brian to be resisted or prevented and Shane‘s response was not reasonable in the circumstances.

Question 6

Simon is walking down the street texting his girlfriend. He is approached by John who demands Simon hand over his phone. Simon refuses and John punches him in the face. Simon gives John the phone as a result. John then realises the phone is not the model he’s after and gives it back to Simon. What offence has John committed?

Answer 6

Both theft and common assault.

Question 7

The term grievous bodily harm in relation to an offence of aggravated robbery means:

Answer 7

Really serious harm.

Question 8

Susan lives with Karen. They have an argument of a who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife and occurrence chest and lacerating current land. In relation to section 188 of the crimes act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be:

Answer 8

Grievous bodily harm.

Question 9

Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle. As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away. What is the most appropriate assault offence?

Answer 9

Aggravated assault (section 192 crimes act 1961)

Question 10

You are dealing with a suspect who has caused an injury to a person. The term to injure mean to cause:

Answer 10

Actual bodily harm to a person.

Question 11

Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts”, and swings the bottle at Bens head. Ben ducks and the bottle shatters against the bar wall. The most appropriate charge in relation to Harry’s actions is:

Answer 11

Assault with intent to injure because Harry intended to injure Ben with the bottle.

Question 12

It must be established that an offender must have formed the intention to rob in relation to defence assault with intent to rob:

Answer 12

At the time of the assault.

Question 13

 A serious assault has occurred in a public place. You have good cause to suspect David is the offender. You arrest David and Peyson in the back of a police car. Before leaving the scene you are approached by Michael who admits committing yourself. You know longer believe David to be involved. The correct action is:

Answer 13

Release David immediately and document the circumstances.

Question 14

In relation to an offence offence ‘aggravated robbery’ the ingredient of “being together with any other person or persons” means:

Answer 14

Must be physically present at the robbery and taking an active part.

Question 15

An offender kicks a Victim several times in a torso and splits their spleen. Which of the following charges is the most appropriate?

Answer 15

With intent to injure, wounds.

Question 16

Tessa and Jean want Lisa’s MP3 player. Tessa is aware that Jean has a knife and is prepared to use it when they confront Lisa. Jean brandishes the knife and threatens to stab Lisa unless she gives her the MP3 player. Lisa is scared but doesn’t want to hand over her MP3 player so gives Jean some money instead. Which of the following is correct in relation to that being and with an offensive weapon ingredient of aggravated robbery?

Answer 16

Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife.

Question 17

Doug and Colin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal that persons cash. As a pedestrian approaches, Doug changes his mind and takes off. Colin hits the pedestrian and searches his pockets. He finds no money but takes an MP3 player instead. Colin is liable for which of the following?

Answer 17

Robbery as he has used violence on the pedestrian and stolen the MP3 player.

Question 18

Bread goes up to Kevin and threatens him with ‘a hiding’ if the sunglasses Kevin is wearing a not handed over to him immediately. Kevin refuses to comply and Brad punches him in the head. The sunglasses break. Brad, no longer interested in glasses, walks away empty-handed.

Answer 18

Assault with intent to rob.

Question 19

Which of the following scenarios does constitute a robbery?

Answer 19

Knocking the victim to the ground whilst grabbing a cash bag.

Question 20

During a fight at a very crowded local bar, Steve grabs a pool cue and start sswinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around head. The injuries to the patron consists of a fractured eyesocket and fractured skull. The most appropriate way to describe Steve’s action at the bar is that he:

Answer 20

Acted with reckless disregard for the safety of others.

Question 21

You have arrested John for aggravated robbery but would like to obtain further information from him. Which of the following statements is most correct?

Answer 21

You can continue to interview him but your questions must not amount to cross examination.

Question 22

Jo Brown heading home after a night in town is kicked and punched by a group of offenders. As a result of the assault Jo suffers severe bruising to his face but the develops severe and ongoing depression and is unable to be left alone at night. In relation to sections 188–193 of Crimes Act1961 Jo is considered: to have been

Answer 22

Injured.

Question 23

George is running down a crowded street. He grabs the shoulder bag of a passing female. He twists her arm as she tries to hold onto her bag. The pain causes her to let go of the bag and George takes off. The most appropriate offence in relation to the action of George is:

Answer 23

Robbery as the theft was accompanied by a sufficient level of violence.

Question 24

Stan sees Nigel walking along the road with Gloria, Stans ex-girlfriend. Stan is furious. He steps in front of them and says menacingly “get off my street or you get this”. Gloria and Nigel are frightened. Stan then raises his fist and demonstrates a punching movement. Can Stan be charged with assault?

Answer 24

Yes because Nigel and Gloria have reason to believe Stan can harm them.

Question 25

It must be established that an offender must have formed the intention to rob in relation to the event assault with intent to rob:

Answer 25

At the time of the assault.

Question 26

What is the primary consideration when a suspect for a serious assault raises the issue of self defence?

Answer 26

Whether the suspects actions were in proportion to the alleged threats made by the victim.

Question 27

Steve goes to his local pub where after a few drinks he gets into an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserve this” and smashes his glass twice on Steve’s face causing the glass shatter. Steve suffers severe lacerations to his face and lip and a fractured eyesocket. What is the most appropriate Crimes Act 1961 assault events?

Answer 27

Wounding with intent (section 188 (1))

Question 28

Gary is upset because Bert is going out with his ex-girlfriend. Gary approaches Bert and throws a punch at his head. Bert ducks and the punch misses. Which of the following statements is true.

Answer 28

Gary commits the offence of assault because an attempt to strike the victim but missing falls within the definition of assault.

Question 29

Paul is waiting at the bus stop talking on a cell phone. He is approached by Andrea and Jill who demanded that he handed over the cellphone to them. Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone but Paul manages to get it back from her and the girls run away. Which of the following offence is best described Andreas criminal liability?

Answer 29

Aggravated robbery.

Question 30

John and Harry attend the same party. John dislikes Harry as he now goes out with his ex-girlfriend. John approaches Harry, forms a fist and says “leave now or you will get the fist in your face.”. Harry quickly leaves and you investigate the incident. Which of the following statement is true?

Answer 30

This is an offence of assault as Harry was threatened by John by his words and gestures and the placing of the condition on the street there’s not negate offence.

Question 31

Joe has an argument with his neighbour and is enraged that he burns cigarette into his neighbours face repeatedly causing an excess of 10 burns. However, 12 months later and before the Jupiter in relation to the incident and burn marks of faded so much that they are no longer visible. Which of the following charges is the most appropriate?

Answer 31

With intent to injure anyone, disfigures.

Question 32

Which of the following scenarios does constitute a robbery?

Answer 32

Knocking the victim to the ground whilst grabbing a cash bank.