Offences

Question 1

What are the elements of Common Assault?

Answer 1

Assault

Person

Question 2

What are the elements of Wilful Damage?

Answer 2

Intentionally
Damages
Property

or

Recklessly

Question 3

Is there such an offence as attempted assault?

Answer 3

No, as the act of intentionally applying force constitutes common assault.

Question 4

What are the two components that must exist before any offence can be proven?

Answer 4

Mens Rea (intent) and Actus Reus (action)

Question 5

What are the four definitions of assault?

Answer 5

Direct Assault - eg. a deliberate punch in the face

Indirect Assault - eg. pulling a chair away as someone is about to sit on it.

Conditional Assault - Step over that line and I will punch you in the face

Transferred Malice - A went to punch B in the face, B ducked and A hit C in the face instead.

Question 6

What is the exception to Transferred Malice?

Answer 6

If an individual has the mens rea (intent) for a different offence from that which he or she commits, the ‘intent’ cannot be transferred.

Question 7

What are the elements of Assaults With a Weapon?

Answer 7

Assaults
Another person
Using anything as a weapon.

Question 8

Explain the term ‘Implied Consent’

Answer 8

Technical assaults are committed through such acts as a person touch a person on the shoulder, shaking hands or a hug and kiss. Although permission is not verbally expressed with the right person there is an implied consent.

Question 9

What three factors must be taken into consideration when deciding what assault offence to charge an offender with?

Answer 9

The intent - when the offender applied the force what was his intent. Did they intend to injure; what were the circumstances and nature of the offence; did the offender provide an explanation for his or her actions.

Weapons or Degree of force p was the force a mere slap or was a weapon used.

Injury received - what type of injuries did the victim receive (if any).

Question 10

When investigating an offence what three essential aspects must be proved?

Answer 10

1. Identity
2. Mens Rea
3. Actus Reus

Question 11

What is the statute of limitations on the Summary Offences Act 1981?

Answer 11

Six months.

Question 12

What is the statute of limitations on the Crimes Act 1981?

Answer 12

There is no stature of limitations on the Crimes Act 1981.

Question 13

Further explain the element of Intention for Wilful Damage.

Answer 13

Deliberate or Reckless. Reckless being the subject knows the potential outcome of their actions but carries on doing it any way. EG. kicking a ball in a crowded carpark and damaging a car.

Question 14

Is it an offence to damage your own property?

Answer 14

No it is not an offence to damage your own property.

Question 15

Further explain the element ‘Damages’ in Wilful damage.

Answer 15

Temporary or Permanent reduction in the value and usefulness

Question 16

Further explain Property element of Wilful Damage.

Answer 16

Property owned by someone and capable of being damaged.

Question 17

What are the five elements of Theft?

Answer 17

1. Dishonesty
2. With-out claim of right
3. Takes
4. Any property
5. Intent to deprive any owner permanently of that property or any interest in that property

Question 18

What are the four elements of Burglary?

Answer 18

1. Enters
2. Any building or ship, or part of a building or ship.
3. With-authority
4. with intent to commit an imprisonable offence

Question 19

What are the four elements of Robbery?

Answer 19

1. Theft
2. Accompanied by violence or threats of violence
3. To any person or property
4. Used to extort the property stolen or to prevent or overcome resistance to the property being stolen