Offences: OF

Question 1

Wilful Damage, Tagging and Graffiti Vandalism - Act?

Answer 1

Summary Offences Act 1981, S 11(1)(a)(b)

Question 2

Wilful Damage, Tagging and Graffiti Vandalism - Penalty?

Answer 2

3 months jail/$2000 fine

Question 3

Wilful Damage, Tagging and Graffiti Vandalism - Time to commence prosecution?

Answer 3

Summary Offences Act - 6 months.

Crimes Act - no time limit.

Question 4

Crimes Act 1961, s39

Answer 4

Force used in executing process or in arrest

Question 5

Crimes Act 1961, s40

Answer 5

Police or anyone authorised use force, preventing escape or rescue.

Question 6

Crimes Act 1961, s41

Answer 6

Anyone use force, prevention of suicide or certain offences.

Question 7

Crimes Act 1961, s42

Answer 7

Anyone use force, prevention breach of the peace.

Question 8

Crimes Act 1961, s48

Answer 8

Anyone use of force, self defence.

Question 9

Crimes Act 1961, s62

Answer 9

Excess use of force, criminally responsible for any unreasonable, unnecessary or unjustifiable use of force.

Question 10

Common Assault - Act?

Answer 10

Crimes Act 1961, s196

Summary Offences Act 1981, s9

Question 11

Assault - Types of assault?

Answer 11

Direct, Indirect, Conditional, Transferred Malice.

Question 12

Assault - Factors to consider what assault charge?

Answer 12

The intent - scare, ignore kill.
Weapon or degree of force used - sharp or weapon used.
Injury recieved - injured, wound, killed.

Question 13

Common Assault - penaty?

Answer 13

SO Act - 6 months/ fine $4000

C Act - 1 year

Question 14

Assault - Strangulation or suffocation - types?

Answer 14

Asphyxia - external force on the neck causing closure of blood or air flow.
Suffocation - blocking noise and/or month.

Question 15

Assault - Strangulation or suffocation - penalty?

Answer 15

7 years

Question 16

Assault - Strangulation or suffocation - Act?

Answer 16

Crimes Act 1961, s 189A

Question 17

Crimes Act 1961, s 59

Answer 17

Parents use of force, for correction.

Not smacking.

Question 18

Aggravated Robbery. CA 1961, s235?

Answer 18

Robs someone:

• and causes GBH at time, before or after.
• Armed with a weapon.
• With multiple offenders.

Question 19

What makes an Aggravated Burglary?

Answer 19

• while committing has/uses weapon.

- having committed has weapon on them while still in building/ship.

Question 20

Assault with intent to rob. CA 1961, s236 - Penalty?

Answer 20

7 years.

Question 21

Assault with intent to rob. CA 1961, s236?

Answer 21

Assaults with intent to rob, but no theft takes place.

Question 22

Demanding with intent to steal. CA 1961, s239(2) - Penalty?

Answer 22

7 years.

Question 23

Demanding with intent to steal. CA 1961, s239(2)?

Answer 23

Menaces or by threat, demands any property from any person, with intent to steal it.

Question 24

Aggravated Robbery. CA 1961, s235 - Penalty?

Answer 24

14 years.

Question 25

Doctrine of recent possession means?

Answer 25

Someone found in possession of recently stolen property, is enough evidence to say they are the thief or dishonest receiver.

Question 26

Disorderly behaviour likely to cause violence. Summary Offences Act 1981, s3?

Answer 26

Behaving in such a way (offensive, threatening, insulting, riotous) that it causes the victim to react in a violent way towards person or property.

Question 27

Attempting to commit an offence 3 conditions to prove?

Answer 27

1. Intent (Mens Rea) 2. Act (Actus Reus) 3. Proximate (trying to complete the full offence)

Question 28

Power to search for offensive weapon in 'public place' vs 'any place'?

Answer 28

Public place: Use SASA 2012, s27(person, offensice wpn, PP) or s28 (vehicle, offensive wpn, PP). Any place: only after arrest/detain use SASA 1961, s88 search for anything that is evidence, can harm or help escape.

Question 29

CA 1961, s66(1) - Everyone is a party to, and guilty of an offence who?

Answer 29

- commits offence - aid any person to commit offence - abets " " - incites, counsels or procures a person to commit offence

Question 30

CA 1961, s66(2) - everyone who has common intention to commit offence?

Answer 30

Two or more pers form common intention to do crime & assist each other, Guilty of each other's offences If Agree to do whatever necessary Penalty same as if they had actually committed

Question 31

Assault - Strangulation or suffocation - Elements?

Answer 31

Intentionally or recklessly impedes someone's normal breathing, blood circulation, or both, manually or using an aid.