Offences

Question 1

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

Answer 1

Assault with intent to injure (section 193)

Question 2

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

Answer 2

Robbery

Question 3

In relation to section188 of the Crimes Act 1961. The difference between subsections (1) and (2) relates to;

Answer 3

The intent of the suspect when causing injuries

Question 4

After being evicted from a party Stevie 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 Stevie:

Answer 4

Consciously and deliberately took an unjustified risk

Question 5

Last week you were called to a large department store where security advises they have CCTV evidence of a female (18 y/o) shoplifting clothing. On further investigation you find the woman has an extensive youth file which includes numerous incident of dishonesty and theft. Which one of the following public interest factors most supports prosecution in this case?

Answer 5

The seriousness of the offence

Question 6

You have a search warrant to enter and search a flat belonging to a woman who you have RGTB has stolen an iPad and other small electronic items. When you arrive the woman and her two flatmates are at the address. You detain them under section 118 (powers of detention incidental to powers to search places in vehicles). Can you search the woman any flatmates under section 119? Bracket powers of search by person who has power of arrest close)?

Answer 6

Yes and section 119 permit say search of anyone who is found and a place when you have RGTB the evidential material will be found

Question 7

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

Answer 7

No there was no false or imminent force from Brian to be resisted or prevented and Shane’s response was not reasonable in this circumstance

Question 8

The term “grievous bodily harm” in relation to an offence of ‘aggravated robbery’ means

Answer 8

Really serious harm

Question 9

Susan lives with Karen. They have an argument over who is eating the last piece of chocolate cake resulting in Susan plunging a knife into Karen’s chest and lacerating Karen’s lung. Section 18 of the Crimes Act 1961 the most appropriate description relation to the puncture of the Karen’s lung would be?

Answer 9

Grievous bodily harm

Question 10

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 runaway what is the most appropriate assault offence?

Answer 10

Aggravated assault (section 192 Crimes Act 1961)

Question 11

You’re dealing with a suspect who is causing injury to a person. The term “to injure” means to cause

Answer 11

Actual bodily harm to a person

Question 12

Harry and Ben argue on the street outside local bar. Harry grabs a glass bottle from your rubbish bin and shouts “I hope this hurts” swinging the bottle at Ben’s head. Ben ducks and the bottle shatters against the bar wall the most probably it charged in relation to Harry’s actions is?

Answer 12

‘Assault with intent to injure’ because Harry intended to injure Ben with the bottle

Question 13

It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with intent to rob’

Answer 13

At the time of the assault

Question 14

In relation to an offence of ‘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 the torso and splits the spleen. Which of the following charges is 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 “being armed with an offensive weapon” ingredient of ‘aggravated robbery’?

Answer 16

Jane is liable for ‘aggravated robbery’ Tessa is a party to ‘aggravated robbery’ as she did not have possession of the knife

Question 17

Doug and Colin had no money so they decided to hide in the bushes and wait for a pedestrian to go by so they could steal that person’s 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’ he has used violence on the pedestrian and stolen the MP3 player.

Question 18

Brad goes up to Kevin and threatens him with a “hiding’ if the sunglasses Kevin is wearing are not handed over to him immediately. Kevin refuses to comply and Brad punches him in the head. The sunglasses break. Brad no longer has interest in the glasses walking away empty-handed

Answer 18

Assault with intent to Rob

Question 19

Which of the following scenarios constitute a robbery?

Answer 19

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

Question 20

Karen (16) is the rear seat passenger in a car driven at speed by her friend Shane (17) who holds a restricted driver’s licence. Shane fails to give way at a busy intersection and collides with another vehicle. Following the impact his car spins out of control and collides with another vehicle. Impact his car spins out of control and crashes through the fence of John’s house close to the intersection. Both youths are injured and Karen, who is not wearing a seatbelt, is thrown from the vehicle and suffers severe head injuries that will require considerable rehabilitation and medical care. Sam (27) the driver of the other car escapes with minor cuts and bruises but his car is written off. Anaru (4) who is riding his tricycle on the footpath is severely frightened full stop the crashes another in a series of vehicle accidents at the intersection and the neighbouring community affair full of further injuries or a road death. Identify the victim/victims in the above incident

Answer 20

Karen, Sam, John, Anaru and their family members

Question 21

Sandra (18) has a reputation for being a fighter. Aroha sitting at the bus stop when Sandra comes up and tells Aroha but she likes the jacket she’s wearing. Aroha knows Sandra was involved in a fight last week so takes off her jacket, giving it to Sandra and then runs away. What offence has Sandra committed?

Answer 21

No offence

Question 22

Sandra (18) has a reputation for being a fighter. Aroha sitting at the bus stop when Sandra comes up and tells Aroha but she likes the jacket she’s wearing. Aroha knows Sandra was involved in a fight last week so takes off her jacket, giving it to Sandra and then runs away. What offence has Sandra committed?

Answer 22

No offence

Question 23

During a fight at a very crowded local bar, Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around the head. The injuries to the bar patron consist of a fractured eye socket and a fractured skull. The most appropriate way to describe Steve’s actions in the bar as that he?

Answer 23

Acted with a Reckless disregard for the safety of others

Question 24

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

Answer 24

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

Question 25

Joe Brown heading home after night in town is kicked and punched by a group of offenders. As a result of the assault Joseph is severe bruising to his face but develops severe and ongoing depression and it’s unable to be left alone night. In relation to Section 188-183 of the Crimes Act is Jo considered it have been?

Answer 25

Injured

Question 26

George’s running down a crowded Street. He grabs the shoulder bag of a passing female. He twists her arm as she tries to hold onto a bag. The pain causes her to let go of the bag and George takes off. What offence has George committed?

Answer 26

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

Question 27

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

Answer 27

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

Question 28

It must be established that an offender must have formed the intention to rob in relation to he offence ‘assault with intent to rob’

Answer 28

At the time of the assault

Question 29

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

Answer 29

Whether the suspect’s actions were in proportion to the alleged threats made by the victim.

Question 30

Billy strikes Mike over the head with a hammer then runs to his car with the hammer and drives off. A short time later you locate Billy driving the car and stop the car under section 121 to search Billy and the car for the hammer. As you attempt to speak to him, Billy leaps out of the car and sprints off. Can you search the car for the hammer?

Answer 30

No,because Billy running away you have no reasonable grounds to believe that the hammer will be CADD

Question 31

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 deserve this” and smashes glass twice on Steve’s face causing the glass shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket. What is the most appropriate Crimes Act 1961 assault offence?

Answer 31

Wounding with intent (Section 188 (1) .

Question 32

Steve and Keith are walking down the road together. Steve is wearing an all whites football jersey from stop Henry wants the football jersey so walks up to Keith, punches him in the face and yells at him to tell Steve to give his jersey otherwise he will punch him again. Steve fearing that Keith might be hurt takes off his jersey giving it to Henry. What offence has Harry committed?

Answer 32

‘Robbery’ as Henry has used violence in stolen property

Question 33

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

Answer 33

Gary commits offence of ‘assault’ because an attempt to strike the victim but misses falls with the definition of assault

Question 34

John and harriet in the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend. John approaches Harry, forms of fist and says, “leave now or I will get this fist in your face quote.” Harry quickly leaves and you investigate the incident which of the following statements is true

Answer 34

This is an offence of ‘assault’ as Harry was threatened by John by his words and gestures. The placing of a condition on the threat does not negate the offence.

Question 35

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

Answer 35

With intent to injure anyone, disfigures.