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CIK 2017 Investigating Violent Offences > Topic 1 - Assault and injuries to the person > Flashcards

Topic 1 - Assault and injuries to the person Flashcards

1
Q

Assault

A

Means the act of intentionally applying or attempt it to apply force to the person of another, directly or indirectly, or threatening by an act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to affect his purpose; and to assault has corresponding meaning

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2
Q

To injure

A

Means to cause actual bodily harm.

Does not have to be a permanent character nor amount to GBH. Can be internal or external

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3
Q

The law allows for two types of assault charges, what are they?

A

Summary Offences Act 1981 - Minor offences

Crimes Act 1961 - More serious assaults

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4
Q

What is a conditional threat?

A

A threat conditional on some subsequent action does constitute an offence of an assault provided the other equipment are met.

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5
Q

Doctrine of transferred malice

A

If the defendants has a men’s Rea of a particular come, carries out the actus reus of the same crime, he is guilty even though the result might be unintended.

Eg the accused assaulted another man with his belt but in addition to striking the man, the belt struck a woman nearby. Although there was no intention to hit the woman, the doctrine of transferred malice applied and he was convicted of assaulting the woman

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6
Q

How is intent proven?

A

1- Circumstantial evidence - can include the suspects action or words
2- The circumstances and nature of the offence - eg bringing long a bat where it would no be normal
3- The suspects explanation or lack of explanation

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7
Q

Maims

A

To cause serious bodily injury - must be permanent weakness or loss

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8
Q

What is considered reckless?

A

A person is reckless if they foresee that a course of action could well have dangerous consequences, but intended to continue that course regardless of the risk - R v Harney

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9
Q

Stupefied

A

To stupefying means to cause an effect on the mind nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.

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10
Q

Violent means

A

Is not limited to physical violence but includes threats of violence.

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11
Q

Wounds

A

A person is wounded if:

  • The skin has been broken or
  • There is an isn’t all injury caused by

*The wound doesn’t have to be serious though more than a minimal flow of blood is required

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12
Q

Acid throwing - S99 CA961

What must you prove?

A

You must prove the identity of the suspect and that they:

  • With intent to injure or disfigure anyone
  • Threw at, or applied to any person
  • Any corrosive or injurious substance
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13
Q

Aggravated assault S192(1) CA1961 must prove what?***

A

You must prove the identity of the suspect and that they:

  • with intent to:
    • Commit or facilitate the commission of any imprisonable offence, or
    • Avoid detection of self/another in commission of any imprisonable offence or
    • Avoid arrest or facilitate flight or self/another upon commission or attempted commission of an imprisonable offence
  • Assaulted any other person
  • must prove the intent of the offender
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14
Q

Aggravated wounding S191(1) CA1961 must prove? ***

A

You must prove the identity of the suspect and that they:
-with intent to:
-Commit or facilitate the commission of any imprisonable offence, or
-Avoid detection of self/another in commission of any imprisonable offence or
Avoid arrest or facilitate flight or self/another upon commission or attempted commission of an imprisonable offence

  • Wounds, maims, disfigures or causes GBH to any person, or stupefies a prison or ends a person unconscious or by any violent means renders any person incapable of resistance.
  • must prove the intent of the offender
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15
Q

Aggravated injury S191(2) CA1961 must prove? ***

A

You must prove the identity of the suspect and that they:

  • with intent to:
    • Commit or facilitate the commission of any imprisonable offence, or
    • Avoid detection of self/another in commission of any imprisonable offence or
    • Avoid arrest or facilitate flight or self/another upon commission or attempted commission of an imprisonable offence
  • Injured any person
  • You must show the offender intended to injure as well as commit the offence.
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16
Q

Assault by male on female S194(b). CA161

A

Must prove the identity of the suspect and he assaulted the female.

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17
Q

Assault on a child S14(a) CA1961must prove? ***

A

Must prove the identity of the suspect and they assaulted a child under the age of 14 years.

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18
Q

Aggravated assault on police/person executing a process S192(2) CA1961 must prove?

A

Must prove the identity of the suspect and that they assaulted:

  • Any constable
  • Or person acting in aid of any constable
  • Or any person in the lawful execution of any process
  • with intent to obstruct the person the person so assaulted in the execution of their duty.
  • must prove at the time of the assault the suspect assumed that the victim was a constable or assistant or person seeking to serve a process.
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19
Q

What is the s48 defence of aggravated assault on police?

A

R v Christianson - if the accused when interfering with an arrest by a constable, held an honest belief that the constable was using excessive force in effecting the arrest, the use of excessive force takes a constable outside the scope of their duty

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20
Q

Assault on police, traffic, or prison officer S10 SOA1981 must prove?

What are the 2 kinds of intent involved?

A

You must prove the identity of the suspect and that they:

  • assaulted any
    • Police constable
    • Traffic officer
    • Correctional officer

-who was acting in the execution of their duty

Intent involved

  • the intent to assault
  • the intent to obstruct in the execution of duty
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21
Q

Assault with a weapon S202c CA1961 must prove?***

A

You must prove the identity of the suspect and that they:
-in assaulting any person,
- used anything as a weapon
OR
-while assaulting any person,
-had anything with them
-in circumstances that prima facie showed an intention to use as a weapon.

22
Q

What is act/section of assault with intent to commit sexual violation?

A

Section 129 (2) Crimes Act 1961

23
Q

Assault with intent injure S193 CA1961 must prove what?

A

you must prove the identity of the suspect and that they:

  • with intent to cause actual bodily harm
  • assaulted any person
  • Doesn’t have to be actual harm just that they intended to injure
24
Q

Common Assault Summary Offences Act 1981 & Crimes Act 1961 what must you prove ?***

A

The identity of the suspect and that they assaulted any person

25
Q

Ill-treatment or neglect of child or vulnerable adult S195 CA961 what must you prove?***

A

You must prove the identity of the suspect and that they:
-are a person who:

  • Has actual care of charge of the victim, or
  • Is a staff member of a hospital, institution residence where the victim resides
  • Intentionally:
    • Engaged in conduct that, or
    • Omits to discharge, or perform any legal duty, the omission of which,
  • is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult if the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.
  • child is under 18
26
Q

What does intentionally engaging mean?

A

Means ill treatment must have been inflicted deliberately with a conscious appreciation that it was likely to cause unnecessary suffering.

*The conduct must be more than merely accidental

27
Q

What does the Act or omission constituting a major departure mean?

A

That fact that a suspect was simply ignorant, unthinking, careless or lax in acting, or failing to act when he\she should have will not be sufficient.

The behaviour creating the risk of harm must go further and be a major departure from what is acceptable in those having care or charge of others or who are employed in relevant institutions.

28
Q

Failure to protect child or vulnerable adult S195a, CA1961 what must you prove?***

A

You must prove the identity of the suspect and that they:

  • Are
    • A member of the same household of the victim, or
    • A person who is a staff member of any hospital, institution or residence where the victim resides
  • had frequent contact with the child or vulnerable adult
  • know the victim was at risk of death, GBH, or sexual assault as the result of:
    • An unlawful act by another person OR
    • An omission by another person to discharge or perform a legal duty if, in the circumstances, that an omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies.

-Fails to take reasonable steps to protect the victim from that risk.

29
Q

Disabling S197 CA1961 must prove what?

A

You must prove the identity of the suspect and that they:

  • Wilfully and without lawful justification or excuse
  • Stupefied or rendered unconscious any other person
30
Q

Discharging firearms or doing dangerous act with intent - intent to cause GBH S198(1) CA1961 must prove?***

A

You must prove the identity of the suspect and that they:
- with intent to cause GBH

  • discharged any firearm, airgun, or other similar weapon at any person, or
  • sent or delivered to any person, or put in any place, any explosive or injurious substance or device or
  • Set fire to any property
31
Q

Discharging firearms or doing dangerous act with intent - intent to injure S198(2) CA1961 must prove?***

A

You must prove the identity of the suspect and that they:

  • with intent to injure or
  • with reckless disregard for the safety of others:
    • discharged any firearm, airgun, or other similar weapon at any person, or
    • sent or delivered to any person, or put in any place, any explosive or injurious substance or device or
    • Set fire to any property

*It is arguable that prosecution must go further and prove that the explosive in question did, in the circumstances have the capacity to explode.

32
Q

Injuring by unlawful act S190 CA1961 must prove?***

A

You must prove the identity of the suspect and that they:

  • Their act or omission
  • resulted in injury to any person
  • in circumstances that if death occurred it would have been manslaughter
33
Q

Injuring with intent to cause GBH S189(1) CA1961 must prove?***

A

You must prove the identity of the suspect and that they:

  • with intent to cause GBH to anyone
  • with reckless disregard for the safety of others
    • injured any person
34
Q

Injuring with intent to injure S189(2) CA1961 must prove?***

A

You must prove the identity of the suspect and that they:

  • with intent to injure anyone or
  • with reckless disregard for the safety of others
    • injured any person
35
Q

Using a firearm against a law enforcement officer S198a(1) CA1961 must prove? ***

A

You must prove the identity of the suspect and that they:

  • used any firearm
  • in any manner
  • against a constable, traffic officer or prison officer acting in the execution of their duty
  • knowing, or being reckless as to whether, that a person is a constable, traffic officer or prison officer

*Using in a manner means the firearm is physically used

36
Q

Using a firearm to arrest S198a(2) CA1961 must prove?***

A

You must prove the identity of the suspect and that they:

  • used any firearm
  • in any manner
  • with intent to resist lawful arrest or detention of themselves or any other person
37
Q

Poisoning with intent to cause GBH S200(1) CA1961 must prove?

A

You must prove the identity of the suspect and that they:

  • with intent to cause GBH to anyone:
    • administered to, or
    • caused to be taken by
  • any person
    • poison or
    • noxious substance
  • Does not need to be by mouth
38
Q

Poisoning with intent to cause inconvenience or annoyance S200(2) CA1961 must prove?

A

You must prove the identity of the suspect and that they:

  • with intent to cause:
    • inconvenience, or
    • annoyance
  • to any one, or for any unlawful purpose:
    • administers to, or
    • caused to be taken by
  • any person:
    • poison, or
    • noxious substance

*Intent is not to cause GBH but instead cause annoyance e.g. injecting a diuretic into food

39
Q

Infecting with disease S201 CA1961 must prove?

A

You must prove the identity of the suspect and that they:

  • wilfully and without lawful justification or excuse
  • caused or produced
  • in any other person
  • any disease or sickness
40
Q

Setting trap or device with intent to injure S202(1) CA1961 must prove?

A

You must prove the identity of the suspect and that they:

  • with intent to injure, or with reckless disregard for the safety of others:
    • set, or
    • placed, or
    • caused top be set or placed
  • any trap or device
  • that is likely to injure any person
41
Q

Permitting set trap likely to injure to remain S202(2) CA1961 must prove?

A

You must prove the identity of the suspect and that they:

  • in occupation or possession of any place where
  • any trap or device has been:
    • set, or
    • placed, and
  • knowingly and wilfully
  • permitted the trap or device to remain there
  • in such a condition that any person is likely to be injured
42
Q

Wounding with intent to injure S188 (2) CA1961 must prove?

A

You must prove the identity of the suspect and that they:

  • with intent to injure anyone or
  • with reckless disregarder the safety of others:
    • wounded or
    • maimed or
    • disfigured or
    • caused GBH to
  • any person
43
Q

Wounding with intent to injure S188 (2) CA1961 outlines two culpabilities what are they?

A

1 - Acts intending to cause harm (INTENT) and

2- May not necessarily intend harm but is aware of such risk and acts anyway (RECKLESS DISREGARD)

44
Q

What are your powers of arrest?

A

Can K9 without warrant if you have good cause to suspect that an offence has been committed.
Section 39(1) SOA 1981
Section 315 CA1961

45
Q

What is R v Lee 2006 - consent to harm?

A

While no one may consent to their own death Lee’s case is less clear because it involved consent to the assault that occurred as part of the exorcism. Death was an unintended outcome of an assault that was otherwise lawful.

The general rule is that consent is a complete answer where there was neither intentional harm nor recklessness on the part of the person applying force and what occurred came within the scope of consent

46
Q

How many months to you have to file a SOA charge?

A

12

47
Q

Procedure when dealing with Victims condition?

A

1- Arrange for a full medical examination by a registered medical practitioner
2- Obtain a full written doctors report on injuries and condition
3- Assign constable to stay with the victim and provide SITREPS
4- Obtain photos of the injuries

48
Q

Procedure with further enquiries?

A

1- Interview all witnesses and obtain full written statements
2- Interview and obtain statements from medical staff
3- If offender is unknown interview neighbours, transport operators etc
- use media
- prepare computer sketch of suspect
- check for CCTV
4- As you receive info, eliminate suspects

49
Q

Procedure interviewing the suspect?

A

1- interview the suspect and obtain a statement
2- Note and photograph any injuries
3- Consider arranging full medical examination in order to establish any injuries and identifying features and obtain forensic samples
4- Obtain voluntary DNA samples

50
Q

Charging procedure?

A

1- If a person has already been convicted or acquitted on a charge you cannot charge him arising from the same incident that is substantially the same as the charge already filed.
2- The principle doesn’t apply in so far as a prior conviction is concerned if the offence later charged had not been committed when the first charge was filed or if the more serious offence could not reasonably have been charged at the earlier time - EG A person convicted of assault may be charged with murder if the assault victim does within a year and a day from the injuries sustained in the assault.

51
Q

In cases of serious assault where the victim may die you can:

A
  • charge the suspect with an assault appropriate to the circumstances
  • seek a remand without plea
  • in cases where a plea is entered, inform the court of the circumstances and seek a remand without conviction
  • prefer a more appropriate charge, and withdraw the original charge at a later date if the victims condition or the circumstances dictate

CIK 2017 Investigating Violent Offences (3 decks)

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