Violence Offences

Question 1

Robbery

Answer 1

Theft, accompanied by violence or threats of violence, to any person or property.

10 years

SECTION 234

Question 2

Aggravated Robbery

Answer 2

Robs any person, and causes GBH

or

Being together with any other person or persons, robs any person

or

Being armed with an offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any person

14 years

SECTION 235

Question 3

Assault with intent to rob

Answer 3

With intent to rob any person:

Causes GBH to that person or any other person

or

Being armed with an offensive weapon or instrument, or any other thing appearing to be such a weapon or instrument, assaults that person or any other person

or

Being together with any other person or persons, assaults that person or ay other person

14 years

SECTION 236

Question 4

Demands with intent to steal

Answer 4

14 years: Without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit

7 years: Anyone is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with the intent to steal it

SECTION 239

Question 5

Name the offence:

Scenario -
The victim is holding a phone, offender tried to take the phone out of their hand. Victim holds tight, bit of a struggle. Offender takes the phone

Answer 5

Robbery

• Sufficient to fall within the definition of violence

Question 6

Name the offence:

Scenario-
Victim is holding a phone, offender takes it out of their hand. Victim holds tight, bit of a struggle. Offender initially takes the phone, but drops it, the victim recovers the phone

Answer 6

Robbery

• Theft is complete when phone is moved with intent to steal it

Question 7

Name the offence:

Scenario-
Two people walking together, they are approached and threatened by an offender with a weapon. They are asked to hand over any valuable property. One one of the victims hands over property.

Answer 7

Robbery (two victims)

• Theft has occurred, and threats of violence. There is no requirement for the threat and theft to apply to the same person.

Question 8

Name the offence:

Scenario-
Three offenders rob a bank using firearms to threaten both bank staff and customers.

They get away with $10,000

Answer 8

1 x Aggravated Robbery

Multiple victims - bank customers and employees

Question 9

Name and Describe

Section 188

Crimes Act 1961

Answer 9

188 Wounding with Intent

1) 14 years: With intent to cause GBH to anyone, wounds, maims, disfigures, or causes GBH to any person
2) 7 years: With intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures or causes GBH to any person

Question 10

Name and Describe

Section 189

Crimes Act 1961

Answer 10

189 Injuring with Intent

1) 10 years: With intent to cause GBH to any one, injures any person
2) 5 years: With intent to inure anyone, or with reckless disregard for the safety of others, injures any person

Question 11

Name and Describe

Section 190

Crimes Act 1961

Answer 11

190 Injuring by unlawful act

3 years: Injures any other person in such circumstances that if death had been caused he or she would have been guilty of manslaughter

Question 12

Name and Describe

Section 191

Crimes Act 1961

Answer 12

191 Aggravated wounding or injury

1) 14 years:

With intent
a) to commit or facilitate the commission of any imprison able offence OR

b) to avoid the detection in the commission of any imprison able offence OR
c) to avoid arrest or facilitate flight upon the commission or attempted commission of any imprisonable offence -

Wounds, maims, disfigures or causes GBH to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

2) 7 years: With any intent as above, injures any person

Question 13

Name and Describe

Section 194(a)

Crimes Act 1961

Answer 13

194 Assault on a child, or by male on a female

2 years:

a) assaults any child <14 or
b) Being a male, assaults any female

Remember …. (194(a) is assaults child)

Question 14

Name and Describe

Section 195

Crimes Act 1961

Answer 14

195 Ill treatment or neglect of child or vulnerable adult

1) 10 years:
Being a person in 2), intentionally engages in conduct that, or omits to discharge or person any legal duty the omission of which, is likely to cause suffering, injury, adverse effects to health, or any mental 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

BASICALLY NEGLECT

2) The persons are:
a) the person who has actual care or charge of the victim; or
b) a person who is a staff member of any hospital, institution, or residence where the victim resides
3) For the purpose of this section, a child is a person <18

Question 15

Name and Describe

Section 196

Crimes Act 1961

Answer 15

196 Common Assault

1 year: Assaults any other person

Question 16

Name and Describe

Section 198A

Crimes Act 1961

Answer 16

198A Using any firearm against law enforcement officer

1) 14 years: uses firearm in any matter whatever against any constable, traffic officer, prison officer, acting in the course of duty knowing that, or being reckless whether or not, that person is a constable or traffic officer or prison officer so acting
2) 10 years: Using a firearm to resist arrest or detention

Question 17

Name and Describe

Section 202C

Crimes Act 1961

Answer 17

202C Assault with weapon

5 years:

a) in assaulting any person, uses any thing as a weapon OR
b) while assaulting any person, has anything with him or her in circumstances that prima facie show an intention to use it as a weapon.

Question 18

The law allows for two main types of assault charges:

Those filed under ___________________Act 1981

and

Those field under ________________Act 1961

Answer 18

Summary Offences

Crimes Act

Question 19

What is the common law defence to assault?

Answer 19

Consent

Question 20

True or false

With regards to assault

A genuine belief in consent is a belief

Answer 20

true

Question 21

Give an example of implied consent

Answer 21

• greeting someone and they turn their cheek for a kiss

- Contact sport

Question 22

True or false, plus an explanation:

The offences aggravated wounding and aggravated injury are essentially the same.

Answer 22

True

The difference is the degree of violence used in committing the offence

Question 23

True or false:
In relation to aggravated wounding

Where a victim is seriously injured, you still need to prove that they were rendered incapable as a consequence

Answer 23

False

“Where a victim is seriously injured there is no need to prove that they were rendered incapable as a consequence.”

Question 24

True or false

In relation to aggravated injury

You must show the offender intended to injure as well as commit the offence

Answer 24

True

Question 25

In relation to section 195 of Crimes Act 1961

A child is

Under 14

Under 18

Under 10

Under 16

Answer 25

Section 195: Ill treatment or neglect of a child or vulnerable adult.

Answer: Under 18

Question 26

In relation to section 194(a) of Crimes Act 1961

A child is

Under 14

Under 18

Under 10

Under 16

Answer 26

Section 194(a): Assault on a child

Answer: Under 14