Self Check 3 - Assaults Flashcards
Assaults vary in nature and seriousness. Which of the following need to be considered when deciding on the most appropriate assault offence with which to charge an offender.
- the surrounding circumstances and the nature of the offence. True or False
- the intentions of the offender. True or False
- that the offender attempted to apply force on the victim. True or False
- the degree of harm inflicted on the victim. True or False
the surrounding circumstances and the nature of the offence. True
the intentions of the offender. True
that the offender attempted to apply force on the victim. False
the degree of harm inflicted on the victim. True
Jo gets into an argument with Steve at a local bar. The argument escalates and in her anger Jo grinds her lit cigarette twice into the face of Steve. The resulting injury consists of two burns.
Jo is charged with disfiguring Steve under section 188(2) CA 1961. Shortly after the indicent the two burns are no longer visible. The section 188(2) charge can proceed despite the burns having healed.
Select one:
- True
- False
True
John holds a knife to the throat of a dairy owner while his mate steals cigarettes from behind the counter. In his haste to get away John’s knife causes a small cut to the dairy owner’s neck.
For a charge to be successful under section 191 or section 192 of the CA 1961 and with reference to R v Tihi (1989) 2 NZLR 29 (CA) it must be shown that John:
- meant to cause the specified harm to the dairy owner. True or False
- foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm. True or False
- had no intention to cause the specified harm to the dairy owner. True or False
- made no attempt to warn the dairy owner of the impending harm. True or False
- meant to cause the specified harm to the dairy owner. True
- foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm. True
- had no intention to cause the specified harm to the dairy owner. False
- made no attempt to warn the dairy owner of the impending harm. False
Jane punches Kathy. The punch connects with Kathy’s nose and there is a great deal of blood as a result of the bleeding nose.
As there is a flow of blood from the nose Kathy has suffered a “wound”.
Select one:
- True
- False
False
Bill is tagging a fence with a pen. When confronted by the owner, Bill reacts by stabbing him in the chest. Bill flees the scene as he is fearful of arrest.
The most appropriate charge in relation to Bill’s actions would be under section 191 CA 1961 - ‘aggravated wounding or injury’
Select one:
- True
- False
False
“To injure” is defined in Section 2 of the Crimes Act 1961 as to cause actual bodily harm.
“Actual bodily harm” can include:
- rendering a victim unconscious for a short period of time. True or False
- a small bruise after the victim has been grasped around the wrist. True or False
- any hurt or injury calculated to interfere with the victim’s health or comfort. True or False
- psychiatric injury to the victim if it is some identifiable clinical condition. True or False
- a black eye as the result of a punch to the face of the victim. True or False
- rendering a victim unconscious for a short period of time. True
- a small bruise after the victim has been grasped around the wrist. False
- any hurt or injury calculated to interfere with the victim’s health or comfort. True
- psychiatric injury to the victim if it is some identifiable clinical condition. True
- a black eye as the result of a punch to the face of the victim. False
Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts”, and swings the bottle at Ben’s head. Ben ducks, the bottle shatters against the bar wall and the glass fragments cut the hand and face of a passing pedestrian, Jennifer.
Harry could be charged with ‘assault with intent to injure’ in relation to Jennifer.
Select one:
- True
- False
True
- For the offence of ‘assault with intent to injure’ to be committed it is not necessary that the person assaulted be the person the defendant was actually intending to injure.*
- Section 193 CA 1961, Police Manual - Assaults*
When leaving a house with a set of golf clubs Mary is confronted by the property owner. Mary holds up a screwdriver and yells “if you try and stop me I’ll get you with this”.
The threat made by Mary may be sufficient for a charge under section 191 Crimes Act 1961 in relation to the term “by any violent means renders any person incapable of resistance”.
Select one:
- True
- False
True
Tom intentionally drives his vehicle at slow speed at his neighbour after an argument over trees on the fence line between their two houses.
The vehicle clips the neighbour’s leg and causes minor bruising and grazes.
Tom’s vehicle could be classed as a “weapon” under section 202C CA 1961.
Select one:
- True
- False
True
To come within the definition of assault the force used must be intentionally applied. Which of the following falls within the specific requirement of “intentional application”.
- a person tries to strike one person but misses and hits another. True or False
- a person is reckless and consequently force is applied to another. True or False
- a person hits one person and force is inadvertently applied to another. True or False
- an accidental pushing of one person into another person. True or False
- a person tries to strike one person but misses and hits another. True
- a person is reckless and consequently force is applied to another. False
- a person hits one person and force is inadvertently applied to another. True
- an accidental pushing of one person into another person. False
Jo intends to cause grievous bodily harm to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s forearm.
Jo cannot be charged under section 189 of the CA 1961 as the cut would not be classed as grievous bodily harm.
Select one:
- True
- False
False
