Phase 3B

Question 1

SOA S78 (2) Person apprehended without warrant—how dealt with
(Verbatim)

Answer 1

If a person
is apprehended without warrant
on suspicion of having committed a serious offence,
a police officer may,
for the purposes of investigating the suspected offence,
before dealing with the person in accordance with subsection (1)—

(a) detain the person for whichever is the lesser of—

(i) the period necessary to complete the immediate investigation of the
suspected offence; or

(ii) 4 hours or such longer period (not exceeding 8 hours) as may be
authorised by a magistrate;
and

(b) take the person, or cause him or her to be taken, during the course of
detention under paragraph (a), to places connected with the suspected
offence.

Question 2

time not included in prescribed period

S78(2a) SOA

Answer 2

(2a) In determining the period that has elapsed since the apprehension of a person for the purposes of subsection (2)(a), the following will not be taken into account:

(a) any delay occasioned by ARRANGING FOR a SOLICITOR or other person to be present during the investigation;

(b) any delay occasioned by allowing the person to receive MEDICAL ATTENTION;

(c) the time that would have been reasonably required to CONVEY the person from the place of apprehension to—
(i) the nearest custodial police station; or
(ii) the designated police facility,
(assuming that the person had been taken as soon as reasonably practicable to the custodial police station or designated police facility).

Question 3

A serious offence (as per S78 SOA)

Answer 3

• Any indictable offence or
• Any offence punishable by imprisonment for 2 years or more.

Note: For a Simple Identity Procedure a serious offence is:
- An indictable offence
- A summary offence that is punishable by imprisonment

Question 4

Assault s20(1) Not verbatim but verbatim

Answer 4

(1) A person commits an assault if the person, without the consent of another person (the victim)—

(a) intentionally applies force (directly or indirectly) to the victim; or

(b) intentionally makes physical contact (directly or indirectly) with the victim,
knowing that the victim might reasonably object to the contact in the
circumstances (whether or not the victim was at the time aware of the
contact); or

(c) threatens (by words or conduct) to apply force (directly or indirectly) to the
victim and there are reasonable grounds for the victim to believe that—
(i) the person who makes the threat is in a position to carry out the
threat and intends to do so; or
(ii) there is a real possibility that the person will carry out the threat; or

(d) does an act of which the intended purpose is to apply force (directly or
indirectly) to the victim; or

(e) accosts or impedes another in a threatening manner.

Question 5

CLCA S.20 (4) – assault that causes harm

Answer 5

(4) A person who commits an assault that causes harm to another is guilty of an offence.
Maximum penalty:
(a) for a basic offence—imprisonment for 3 years;

(b) for an aggravated offence (except one to which paragraph (c) or (d)
applies)—imprisonment for 4 years;

(c) for an offence aggravated by the use of, or a threat to use, an offensive
weapon—imprisonment for 5 years;

(d) for an offence aggravated by the circumstances referred to in
section 5AA(1)(c), (ca) or (ka)—imprisonment for 7 years.

Question 6

Definition of “Cause”

Answer 6

cause—a person causes harm if the person’s conduct is the sole cause of the harm or
substantially contributes to the harm;

Question 6

Definition of “Harm”

Answer 6

harm means physical or mental harm (whether temporary or permanent);

Question 7

Definition of “Mental Harm”

Answer 7

mental harm means psychological harm and does not include emotional reactions such as distress, grief, fear or anger unless they result in psychological harm;

Question 8

Definition of “Physical Harm”

Answer 8

physical harm includes—
(a) unconsciousness;
(b) pain;
(c) disfigurement;
(d) infection with a disease;

Question 9

Definition of “Recklessly”

Answer 9

recklessly—a person is reckless in causing harm or serious harm to another if the person—

(a) is aware of a substantial risk that his or her conduct could result in harm or
serious harm (as the case requires); and

(b) engages in the conduct despite the risk and without adequate justification;

Question 10

Difinition of “Serious Harm”

Answer 10

serious harm means—
(a) harm that endangers a person’s life; or
(b) harm that consists of, or results in, serious and protracted impairment of a
physical or mental function; or
(c) harm that consists of, or results in, serious disfigurement.

Question 11

23—Causing serious harm

Answer 11

23—Causing serious harm
(1) A person who causes serious harm to another, intending to cause serious harm, is guilty of an offence.

Maximum penalty:

(a) for a basic offence—imprisonment for 20 years;

(b) for an aggravated offence—imprisonment for 25 years.

Question 12

24—Causing harm

Answer 12

(1) A person who CAUSES HARM to another, INTENDING TO CAUSE HARM, is guilty of an offence.

Maximum penalty:
(a) for a BASIC offence—imprisonment for 10 YEARS;

(b) for an AGGRAVATED offence—imprisonment for 13 YEARS.

(2) A person who CAUSES HARM to another, and is RECKLESS in doing so, is guilty of an
offence.
Maximum penalty:
(a) for a BASIC offence—imprisonment for 5 YEARS;

(b) for an AGGRAVATED offence (except one to which paragraph (c)
applies)—imprisonment for 7 YEARS;

(c) for an offence aggravated by the circumstances referred to in
section 5AA(1)(c), (ca) or (ka)—imprisonment for 8 YEARS.

Question 13

5AA—Aggravated offences