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Investigating Violence INV105 > Q + A > Flashcards

Q + A Flashcards

1
Q

Is the Summary Offences Act the only enactment that specifically deals with assault on Police?

A

No.

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2
Q

When considering what type of assault charge to lay on an offender, should you consider previous behaviour by the offender?

A

No.

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3
Q

When considering what type of assault charge to lay on an offender, should you consider any weapons or how much force was used by the offender?

A

Yes.

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4
Q

When considering what type of assault charge to lay on an offender, should you consider words spoken by the offender?

A

Yes.

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5
Q

When considering what type of assault charge to lay on an offender, should you consider the degree of injury suffered by the victim?

A

Yes.

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6
Q

When considering what type of assault charge to lay on an offender, should you consider any admissions made by the offender?

A

Yes.

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7
Q

To “disfigure” someone, do their injuries have to be visible for life?

A

No - they can be healed and no longer visible.

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8
Q

If someone attempts to assault a person, but in the process of doing so assaults another, unintended victim, is this indirect assault or transferred malice?

A

Transferred malice.

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9
Q

In a scenario where a person makes a threatening gesture (eg punching motion), and has the intent, capability and opportunity to effect their purpose, can they be charged with assault?

A

Yes - if the victim has reason to believe that the offender can harm them.

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10
Q

What is the age bracket in which someone is considered a “child” in terms of assault?

A

14 years and under.

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11
Q

In a scenario where a person makes a threat in circumstances where it is sufficient to be charged with assault, does placing a condition on that threat negate it?

A

No.

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12
Q

What degree of harm would losing a digit be considered?

A

Maiming.

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13
Q

What degree of harm would a fractured skull be considered?

A

Grievous bodily harm.

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14
Q

What degree of harm would a serious laceration be considered?

A

Wounding.

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15
Q

What degree of harm would serious scarring be considered?

A

Disfiguring.

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16
Q

What degree of harm would loss of consciousness following an assault be considered?

A

Injuring.

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17
Q

Why aren’t people charged with assault when contact injuries occur during sport?

A

Implied consent - the victims consent to undergo the risk of assault by playing the sport.

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18
Q

Is there such a thing as attempted assault?

A

No - an attempt to assault someone satisfies the ingredients of the full offence.

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19
Q

If a person is horsing around and seriously injures someone unintentionally, how would their actions be described in a criminal context?

A

They acted with reckless disregard for the safety of others.

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20
Q

If two people are horsing around and one tells the other to punch them (giving consent) and they do, causing minor injury, should the person throwing the punches be charged?

A

No.

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21
Q

What would be the most appropriate charge to be laid for an assault with a sharp object where during which, the offender has commented that the victim “deserves it” and they suffer serious lacerations as a result?

A

Wounding with intent.

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22
Q

What is the definition of “to injure”?

A

To cause actual bodily harm to a person.

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23
Q

What would be an appropriate assault charge when two offenders are decamping from a scene and one punches someone who is trying to stop them getting away?

A

Aggravated assault.

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24
Q

Can a person be charged with aggravated assault if that person punches a police officer attempting to execute a WTA for failing to appear?

A

Yes.

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25
Q

What is the key characteristic of a “wound”?

A

Breaking of the skin.

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26
Q

Would a stab would resulting in laceration of a lung be considered a “wound”?

A

Yes.

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27
Q

Is threatening a person with a weapon and saying “I’ll get you with this” as they try and decamp from the scene of an offence sufficient to meet the threshold of “by any violent means renders any person incapable of resistance”?

A

Yes.

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28
Q

If someone intends to cause GBH to their victim but they only injure them, can they be charged under S189 of the Crimes Act despite not carrying out their intent?

A

Yes.

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29
Q

If someone suffers trauma that would regularly meet the criteria of “injures” but there is a lot of blood, does this automatically upgrade their injury to a “wound”?

A

No.

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30
Q

Does a psychiatric injury meet the definition of “actual bodily harm”?

A

Yes, if it is some identifiable clinical condition.

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31
Q

Does hurt or injury calculated to interfere with the victim’s health/comfort meet the definition of “actual bodily harm”?

A

Yes.

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32
Q

Does a black eye meet the definition of “actual bodily harm”?

A

No.

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33
Q

Does knocking a person unconscious meet the definition of “actual bodily harm”?

A

Yes.

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34
Q

Does a small bruise after a person has been gabbed meet the definition of “actual bodily harm”?

A

No.

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35
Q

What are two of the qualifying criteria that a charge under S191 or 192 of the Crimes Act needs to be successful?

A

The offender foresaw that the actions undertaken were likely to expose others to the risk of suffering harm,

and

The offender meant to cause the specified harm to the victim.

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36
Q

Can a person be charged with any form of aggravated assault if they assault a person while attempting to flee the scene of an incident that is not a “crime”?

A

No - there must be proof of the commission or attempted commission of a crime.

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37
Q

When a person tries to assault someone, but misses and hits someone else, is this an intentional application of force (and therefore an assault)?

A

Yes.

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38
Q

When a person accidentally pushes one person into another, is this an intentional application of force (and therefore an assault)?

A

No.

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39
Q

When a person is reckless and force is applied to someone as a result, is this an intentional application of force (and therefore an assault)?

A

No.

40
Q

When a person assaults someone and force is inadvertently applied to another person, is this an intentional application of force (and therefore an assault)?

A

Yes.

41
Q

Should the intentions of an offender be considered when deciding which assault charge to lay?

A

Yes.

42
Q

Should the degree of injury suffered by the victim be considered when deciding which assault charge to lay on an offender?

A

Yes.

43
Q

Should the fact that an offender attempted to apply force on a victim be considered when deciding which assault charge to lay on them?

A

No - no such thing as attempted assault.

44
Q

Should the nature of the circumstances and the offence be considered when deciding which assault charge to lay on an offender?

A

Yes.

45
Q

Is hitting someone with a car considered “assault with a weapon”?

A

Yes.

46
Q

If a person intends to injure one victim in the course of an assault, but the injuries end up being inflicted on a second unintended victim, can they be charged with assault with intent to injure with relation to this second victim?

A

Yes.

47
Q

If the respondent of a protection order contacts the applicant in emergency circumstances, should they be arrested for a breach?

A

No.

48
Q

In a family violence context, does “violence” include physical abuse?

A

Yes.

49
Q

In a family violence context, does “violence” include threats of physical/sexual/psychological abuse?

A

Yes.

50
Q

In a family violence context, does “violence” include sexual abuse?

A

Yes.

51
Q

In a family violence context, does “violence” include psychological abuse?

A

Yes.

52
Q

If someone has a close personal relationship with another person, could it be said that the two are in a “domestic relationship”?

A

Yes.

53
Q

If someone has a landlord-tenant relationship with another person, could it be said that the two are in a “domestic relationship”?

A

No.

54
Q

If someone is the partner of another person, could it be said that the two are in a “domestic relationship”?

A

Yes.

55
Q

If someone is the family member of another person, could it be said that the two are in a “domestic relationship”?

A

Yes.

56
Q

If you have detained someone for service of PSO and the PSO hasn’t been issued or served within those two hours, what should you do?

A

Release the person immediately.

57
Q

Who is a “bound person”?

A

A person against whom a PSO has been issued.

58
Q

If a parent assaults their 15 year old child, should they be charged with “assaults child”?

A

No.

59
Q

Should you issue a PSO against someone who has been arrested for a domestic assault?

A

No.

60
Q

Should you lawfully detain someone who has been arrested for a domestic assault until they “cool down”?

A

Yes.

61
Q

Do you need the person at risk’s consent to issue a PSO?

A

No.

62
Q

What is the definition of the term “wilful neglect”?

A

A deliberate or reckless failure to provide care.

63
Q

Generally speaking, can the respondent of a protection order legally get someone else to contact the applicant on their behalf?

A

No - it is a breach.

64
Q

Would a single threat of physical abuse be classed as violence, or do there need to be a number of things that show a pattern of behaviour?

A

No - a single threat of physical abuse is violence.

65
Q

Can you issue a PSO on a child?

A

No.

66
Q

Does a family violence risk assessment help determine how and when to charge an offender?

A

No.

67
Q

Does a family violence risk assessment allow patterns of behavioural abuse to be seen over time?

A

Yes.

68
Q

Is a family violence risk assessment important to the courts when considering ops to bail?

A

Yes.

69
Q

Does a family violence risk assessment help lead to the correct support for a victim being identified?

A

Yes.

70
Q

Does a breach of PSO allow Police the authority to enter an address and take the bound person into custody?

A

Not on it’s own, no.

71
Q

What are two examples of “escalating behaviour” in a family violence context?

A

Threatening to harm a pet or destroy a valued possession,

and

Checking their partner’s cellphone, Facebook and emails.

72
Q

If a male assaults his female partner with sufficient force to break bones, is “male assaults female” an appropriate charge?

A

No.

73
Q

Can a parent obtain a protection order with their 15 year old child as the respondent?

A

No.

74
Q

Is the nature and intensity of a relationship a factor in determining whether a person has a “close personal relationship” with another person?

A

Yes.

75
Q

Is the fact that a person is in a sexual relationship with another person a factor in determining whether they have a “close personal relationship” with that person?

A

No.

76
Q

Is there a requirement that two persons must live together in order to have a “close personal relationship”?

A

No.

77
Q

Is the duration of a relationship between two people a factor in determining whether they have a “close personal relationship”?

A

Yes.

78
Q

In a family violence context, does your power to enter and search a house for firearms (when the circumstances warrant it) come from the Domestic Violence Act or the Arms Act?

A

The Arms Act.

79
Q

What are two criteria that would put a victim of family violence at a “heightened risk” of injury?

A

When attempted strangulation has occurred,

and

When the violence is increasing in frequency and severity.

80
Q

When preparing a family violence op to bail, should you consider whether the family has a safety plan in place?

A

Yes.

81
Q

When preparing a family violence op to bail, must you consider whether there are multiple charges faced by the offender?

A

No.

82
Q

When preparing a family violence op to bail, must you consider whether there is a risk to the safety of the victim’s family?

A

Yes.

83
Q

When preparing a family violence op to bail, must you consider whether there is a need for the offender to have a “cool off” period in Police custody?

A

Yes.

84
Q

Which enactment gives you the most appropriate power to enter a house without warrant and protect children from injury?

A

The Children, Young Persons and their Families Act 1989.

85
Q

Would two people who have been living together as flatmates for 12 months be considered to be in a domestic relationship?

A

Yes - they ordinarily share a household.

86
Q

Is a victim of abuse also liable for allowing their children to witness the abuse?

A

No.

87
Q

Would a person who has threatened violence and obtained cash from a victim as a result be liable for the offence of robbery?

A

Yes.

88
Q

If a person is an associate of a robbery offender and present for a robbery but they had no knowledge or intention to commit the robbery, are they still liable for it?

A

No.

89
Q

If a person is an associate of a robbery offender and does not take part in their robbery but accepts part of the proceeds, is theft the most appropriate charge for them?

A

No - that would be receiving.

90
Q

If a person is an associate of a robbery offender and present for a robbery but they had no knowledge or intention to commit the robbery, but assaults someone in order to escape, are both people liable for aggravated assault if the robbery offender had no knowledge or intention to commit the assault?

A

No - only the person who committed the assault is liable.

91
Q

If a person is an associate of a robbery offender and present for a robbery but they had no knowledge or intention to commit the robbery, are they both liable for aggravated robbery since there are two of them?

A

No - neither is liable - the robbery offender is liable for robbery only.

92
Q

When is the offence of robbery considered to be complete?

A

When the offender obtains the property stolen from the victim, even if they subsequently lose it.

93
Q

If a person snatches property from another, but there is no struggle and that person is not harmed, has a robbery committed?

A

No - there needs to be some form of violence involved.

94
Q

If person A assaults person B in order to coerce person C into handing them property, is it aggravated robbery, theft, or regular robbery?

A

Robbery.

95
Q

When a robbery is committed, does the theft necessarily have to occur in the immediate presence of the victim?

A

No.

96
Q

If violence is used on person B by person A, and an opportunistic theft occurs following this violence, is that a robbery?

A

No.

97
Q

If person A has a belief they are entitled to the property that they have obtained from person B by committing a robbery, is that a defence to the charge? If it is successful what would they be criminally liable for?

A

Yes - claim of right is a defence of theft and therefore the theft component of robbery. They would however be criminally liable for the assault component.

Investigating Violence INV105 (2 decks)

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