Offences Flashcards
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?
Assault with intent to injure (section 193)
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?
Robbery
In relation to section188 of the Crimes Act 1961. The difference between subsections (1) and (2) relates to;
The intent of the suspect when causing injuries
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:
Consciously and deliberately took an unjustified risk
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?
The seriousness of the offence
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)?
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
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?
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
The term “grievous bodily harm” in relation to an offence of ‘aggravated robbery’ means
Really serious harm
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?
Grievous bodily harm
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?
Aggravated assault (section 192 Crimes Act 1961)
You’re dealing with a suspect who is causing injury to a person. The term “to injure” means to cause
Actual bodily harm to a person
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?
‘Assault with intent to injure’ because Harry intended to injure Ben with the bottle
It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with intent to rob’
At the time of the assault
In relation to an offence of ‘aggravated robbery’ the ingredient of “being together with any other person or persons” means:
Must be physically present at the robbery and taking an active part
An offender kicks a victim several times in the torso and splits the spleen. Which of the following charges is most appropriate?
With intent to injure, wounds.
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’?
Jane is liable for ‘aggravated robbery’ Tessa is a party to ‘aggravated robbery’ as she did not have possession of the knife
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?
‘Robbery’ he has used violence on the pedestrian and stolen the MP3 player.
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
Assault with intent to Rob
Which of the following scenarios constitute a robbery?
Knocking the victim to the ground was grabbing a cash bag.
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
Karen, Sam, John, Anaru and their family members
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?
No offence
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?
No offence
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?
Acted with a Reckless disregard for the safety of others
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?
You can continue to interview him but your questions must not amount to cross-examination
