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INV-105 > Serious Assault > Flashcards

Serious Assault Flashcards

1
Q

3 Specific Assaults Police offences

A

Sec.10, SOA - Assaults Police

Sec.198(A)(1), CA - Firearm against Law Enforcement Officer

Sec.192(2), CA - Aggravated Assault on Police

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2
Q

What is the appropriate charge for - cigarette burns to face

A

With intent to injure, DISFIGURES

External injury that alters appearance

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3
Q

What is the correct age to charge for Assaults Child

A

Must be under 14years

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4
Q

What 4 things is INTENT determined by

A

Words witness heard
Admission of intent
Extent of harm
Weapons or degree of force used

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5
Q

Is INTENT determined by Past Behaviour

A

No

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6
Q

An example of Doctrine of Transferred Malice

A

Throw a bin but miss intended target and hit someone else

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7
Q 
Example of:
INJURY
WOUNDS
DISFIGURE
GBH
MAIM
A 
Injury - lose consciousness by punch to head
Wounds - gash to leg
Disfigure - facial scarring
GBH - fractured skull
Maim - lose finger
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8
Q

An example of a Conditional Threat

A

“Now leave or you’ll get this in your face”

A conditional threat is an assault. The condition does not negate the offence.

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9
Q

If an offender raises their fist and demonstrates a punch and the victim believes the offender can harm them, is this an assault

A

Yes

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10
Q

What is the appropriate charge for:

Reckless in a bar with a pool cue

A

Acted with reckless disregard, for the safety of others

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11
Q

What type of injury is:

A stab wound with a lung puncture

A

Wound

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12
Q

If an offender throws a rock at the victim but misses, is this an assault

A

Yes

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13
Q

Scenario - punch victim in face when confronted trying to steal a car

What is appropriate charge

A

Aggravated Assault

Aggravating feature - facilitate flight

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14
Q

Is there a charge for mutual play fighting

A

No

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15
Q

In a rugby game, is there implied consent to undergo reasonable risks associated with the game

A

Yes

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16
Q

What does injure mean

A

To cause actual bodily harm

17
Q

Scenario - officer punched when doing 2W (wta)

What is appropriate charge

A

Aggravated Assault on Police - sec 192(2)

18
Q

Scenario - intentionally smashing glass in face twice

What is appropriate charge

A

Wounding with Intent

19
Q

Scenario - if offender threatening with screwdriver to facilitate crime or escape

What is appropriate charge and why

A

Aggravated Wounding because:

‘By any violent means, rendered any person incapable of resistance’

20
Q

If offender intends to cause GBH but only makes a shallow cut, can you still charge for GBH

A

Yes

21
Q

Is a wound

  • skin broken
  • internal injury
  • nose bleed
A

Yes
Yes
No

22
Q

What must you prove for Aggravated Assault or Wounding charge

A
  • offender foresaw that their actions were likely to expose others to risk or harm
  • offender meant to cause harm

Note: it doesn’t matter if the offender has no intent or made no warning

23
Q

If Assault with Intent to Injure when victim is not directed target, can you still charge with Intent to Injure

A

Yes

It doesn’t matter if the the victim was the intended target or not

24
Q

What does Actual Bodily Harm include

A
  • unconsciousness
  • psychological issue
  • any hurt or injury interfering with the health of the victim

Note: does not include black eye or bruise

25
Q

Things to consider when dealing with Assault

A
  • degree of harm
  • intentions
  • surrounding circumstances

Note: not that the offender attempted to apply force

26
Q

Re: Assault with a Weapon, Sec.202C does “Anything” include a vehicle

A

Yes because “anything” is not defined

27
Q

Does Disfigurement need to be permanent for Wounding with Intent to Injure charge - Sec.188(2)

A

No

28
Q

What must you prove for any Aggravated Wounding or Injury charge Sec.191

A

The commission or attempted commission of a crime

Note: not anything under SOA

29
Q

What is Intentional Application

A
  • trying to strike but hits another
  • inadvertently hits another

Note: not pushing or reckless and inadvertently applied

INV-105 (3 decks)

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