Victimology Closed Book

Question 1

Assault definition

Answer 1

An assault is the act of intentionally applying force to the person of another, directly or indirectly, or attempting or threatening by any gesture to apply such force to the person of another of the person making the attempt or threat has, or caused the other to believe on reasonable grounds that he has, present ability to effect his purpose; or the act of depriving another of his liberty

Question 2

What is wounding?

Answer 2

Penetration of the dermis and epidermis with the free flow of blood

Question 3

What is GBH?

Answer 3

Any bodily injury of such nature as to endanger or be likely to endanger life, or to cause or be likely to cause serious injury to health:
Something that is going to be lasting for example damage to kidneys and will ne dialysis for the rest of their life

Question 4

Self-defence

Answer 4

CC S46 - A person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use

Question 5

Avenue of enquiries

Answer 5

• Witness statements
• Medical reports
• Forensic evidence
• Statement from victim
• Video surveillance
• Interview the suspect

Question 6

Source of evidence

Answer 6

• Exhibits (includes physical items at the scene: weapons, tools, clothing, etc.)
• Biological samples (glass, paint, etc.)
• Fingerprints
• Surveillance recordings

Question 7

Definition of sexual intercourse

Answer 7

The penetration, to the least degree, of a person’s vagina, genitalia, anus or mouth by

• a penis
• a body port of a person other than a penis
• an object held or manipulated by, or attached to, another person

Question 8

What is recent complaint?

Answer 8

Complaint evidence is a type of prior consistent statement which is given by a witness or the complainant about when the complainant made their first report of sexual assault. It is only admissible if the complaint was made at the first reasonable opportunity after the alleged sexual assault.

Question 9

What needs to go in the recent complaint?

Answer 9

What the victim told the witness (word for word)
The emotional and physical state of the victim
*hearsay evidence and it is from the first person the victim speaks to

Question 10

What is foreseeable consequence

Answer 10

An action is said to have foreseeable consequences if it can be reasonably assumed that it will cause a certain effect

Question 11

Person permitting unlawful sexual intercourse with young person on premises

Answer 11

Any person who -

• is the owner or occupier of any premises; or
• has, or acts or assists in, the management or control of any premises

And who induces or knowingly permits any person under the age of 17 years to be in or upon the premises for the purposes of having unlawful sexual intercourse with another person

Question 12

Indecent act with a young person

Answer 12

Any person who does any indecent act with, or directed at, another person who is under the age of 17 years

Question 13

POA 13A

Answer 13

Observation or recording in breach of privacy-

A person who observes or visually records another person, in circumstances where a reasonable person would expect to be afforded privacy -

• without that person’s consent
• when the other person is in a private place or is engaging in a private act

Question 14

Objective test vs subjective test

Answer 14

How others see something
The circumstances as the accused believe them to be