Self Check 1 - Assaults Flashcards
Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset because he thinks that Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it at Bert. It misses Bert but hits Gloria.
This type of assault on Gloria is classed as an ‘indirect assault’.
Select one:
- True
- False
False
- This type of assault is classed as Transferred Malice*
- Any person is not confined to the intended victim. A suspect who intends to harm one person but in fact, harms another, may still be convicted. Mistaken identity is not a defence.*
- Transferred Malice is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be harmed instead. Under the law, the individual causing the harm will be seen as having “intended” the act by means of the “transferred malice” doctrine.*
- Section 2 Crimes Act 1961 Police Manual - Assaults - Definitions*
John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend.
John approaches Harry, forms a fist and says, “Leave now or you will get this fist in your face”. Harry quickly leaves and you investigate the incident.
Which of the following statements is true?
Select one:
- this is an offence of ‘assault’ as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence
- this cannot be an offence of ‘assault’ as no force was applied to Harry and ‘threatening behaviour’ would be a more suiable charge
- this cannot be an offence of ‘assault’ as John had no intention of ever harming Harry unless Harry failed to leave the party
this is an offence of ‘assault’ as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence
On attending an incident you establish that an on-duty constable from your shift has been assaulted by a third party while trying to arrest an offender.
Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with ‘assault on police’.
Select one:
- True
- False
False
Stan sees Nigel walking along the road with Gloria, Stans ex-girlfriend. Stan is furious. He steps in front of them and says menacingly, “Get off my street or you’ll get this.” Gloria and Nigel are frightened. Stan then raises a fist and demonstrates a punching movement.
Can Stan be charged with assault?
- Yes - because to threaten another is an indirect application of force
- Yes - because Bert and Gloria have reason to believe Stan can harm them
- No - because Stan has not actually applied any force to Bert or Gloria
Yes - because Bert and Gloria have reason to believe Stan can harm them
- The words “act or gesture” require some sort of physical movement. In most cases, the movement is accompanied by words, and the combination of the two proves the suspect’s intent. Physical contact is not necessary for a threat to constitute an assault. (Crimes Act 1961 Section 2)*
- The raising of the fist is the act or gesture and the context of the words shows that Stan has the intent on threatening Bert. As he is right in front of Bert he has the present ability to apply force. (Police Manual - Assaults - Definitions)*
Match the following resultant injuries with the appropriate term (.20 mark each)
Choose from:
loss of an index finger, fractured skull, facial scarring, gash to leg, loss of consciousness by punch to head
- grievous bodily harm =
- injury =
- wounds =
- maim =
- disfigure =
- grievous bodily harm = fractured skull
- injury = loss of consciousness by punch to head
- wounds = gash to leg
- maim = loss of an index finger
- disfigure = facial scarring
Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns.
However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much that they are no longer visible.
Which of the following charges is the most appropriate?
Select one:
- with intent to cause grievous bodily harm to anyone, wounds
- with intent to injure anyone, disfigures
- with intent to injure anyone, maims
with intent to injure anyone, disfigures
Disfigurement consists of external injury that mars or alters a person’s appearance. The injury or damage need not necessarily be permanent.
Section 188 Crimes Act 1961 - Commentary
Police Manual - Assaults
Select true / false for each of the following statements (.20 of a mark each)
When determining the correct charge for an ‘assault’ offence an offenders intent may be identified by:
- the weapons or degree of force used by the offender. True or False
- previous similar behaviour exhibited by the offender. True or False
- the extent of the harm inflicted on the victim. True or False
- words a witness heard spoken by the offender. True or False
- the offender’s admission of intent to injure the victim. True or False
- the weapons or degree of force used by the offender. True
- previous similar behaviour exhibited by the offender. False
- the extent of the harm inflicted on the victim. True
- words a witness heard spoken by the offender. True
- the offender’s admission of intent to injure the victim. True
Harry sees Melanie and her 15 year old son walking into the mall. Harry approaches and begins arguing with Melanie. Melanie’s son intervenes and Harry punches him in the chest.
Harry should be charged with ‘assault on a child’.
Select one:
- True
- False
False
- To succeed with a charge of ‘assault on a child’ you must prove that the child assaulted was under the age of 14 years.*
- Sectio 194(a) Crimes Act 1961 Police Manual - Assaults - Definitions*
