CIK 105 Investigating Violence Offence Flashcards by M H

Q. Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns. However, 12 months later and
before the jury trial in relation to the incident, the burn marks have faded so much they are no longer visible. Which of the following is the most appropriate charge?

A. With intent to injure anyone, disfigures.

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Q. John approaches Harry, forms a fist and says, “Leave now or you will get this fist in your face.” Harry quickly leaves and you investigate the incident. Which of the following statements is true?

A. This is an offence of “assault” as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence.

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True/Flase
Q. When determining the correct charge for an “assault” offence an offender’s intent may be identified by:
-The extent of the harm inflicted in the Victim
-Words of a witness heard spoken by the offender
-The weapons or degree of force used by the offender
-Previous similar behaviour exhibited by the offender
The offender’s admission of intent to injure the victim.

A.
True
True
True
False
True

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Q. Stan sees Nigel walking along the road with Gloria, Stan’s ex-girlfriend. Stan is furious.He steps in front of them and says menacingly “Get off my street or you’ll get this.” Gloria and Nigel are frightened. Stan then raises a fist and demonstrates a punching movement. Can Stan be charged with assault?

A. Yes – Because Bert and Gloria have reason to believe Stan can harm them.

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Q. Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset as he thinks Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it. It misses Bert but hits Gloria. This type of assault is classified as an “Indirect Assault?”

A. False. – This assault is Transferred Malice.

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What is the meaning of Assault?

Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any 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 or she has, present ability to effect his or her purpose

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What is Transferred Malice?

is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.

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Q. Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with “Assault on Police.”

A. False

(Prison and Traffic Officer.
10A Ill treatment/wilful neglect of child
10B Leaving child without reasonable supervision)

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Q. Harry sees Melanie and her 15-year- old, son walking into the mall. Harry approaches and begins arguing with Melanie. Melanie’s son intervenes and Harry punches him in the chest.
Harry should be charged with Assault on a child?

A. False

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Q. Match the following resultant injuries with the appropriate terms:

Grievous bodily harm
Wounds
Disfigure
Injury
Maim

A.
Gash to leg
Facial scarring
Loss of consciousness by punch to head
Loss of an index finger

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Q. Steve and John are play fighting when Steve tells John to punch him hard in the stomach to prove how hard his abs are. John punches Steve twice in the stomach with a closed fist causing minor bruising. John should be charged with common assault?

False

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Q. A person can be charged with aggravated assault if that person punches a Police officer attempting to execute a warrant to arrest in relation to failing to appear in the District Court.

True

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Q. Susan plunges a knife into Karen’s chest and lacerates her lung. In relation to s188 of the Crimes Act 1961, the most appropriated description in relation to the puncture of Karen’s lung would be?

A wound

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Q. Steve hurt in rugby game. The opposing player cannot be charged with assault as Steve had given implied consent to undergo the reasonable risks associated with the game of rugby?

True

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Q. The term “injure” means to cause:

A. Actual bodily harm to a person.

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Q. Stealing GPS scenario, caught by owner who attempts to stop them. Steve punches
owner in the face causing him to falls. Steve and John run away. What is the most
appropriate charge?

A. Aggravated Assault (S192 of the Crimes Act 1961)

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Q. During a fight at a very crowded local bar. Steve grabs a pool cue and starts swinging it around with no intention on hitting anyone however gets carried away and hits a patron in the head. The patron receives a fractured eye socket and fractured skull. The most appropriate way to describe Steve’s actions in the bar is that he?

A. Acted with reckless disregard for the safety of others.

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Q. Steve gets into an argument with Gerry. Gerry yells “You really deserve this” and
smashes his glass into Steve’s face twice, causing severe lacerations to his cheek and lip and a fractured eye socket. What is the most appropriate Crimes Act 1961 assault offence?

A. Wounding with intent

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T/F
Q. Jo gets into argument with Steve and burns him with her cigarette twice causing two burns. Jo is charged with disfiguring Steve under Section 188(2) of the Crimes Act 1961. Shortly after the incident the two burns are no longer visible. The charge can proceed despite the burns having healed?

True

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T/F
Q. 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 is “aggravated wounding or injury?”

False – As graffiti and wilful damage are not a “crime” therefore no aggravated feature.

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Q. 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 s191 or s192 of the Crimes Act 1961 and with reference to (case law) it must be shown that John:

Foresaw that the actions undertaken were likely to expose others to the risk of suffering harm.
Had no intention to cause specified harm to the dairy owner.
Meant to cause the specified harm to the dairy owner.
Made no attempt to warn the dairy owner of the impending harm.

A.
True
False
True
False

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Q. 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?”

False

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Q. Tom intentionally drives his vehicle at a slow speed at his neighbour after an argument. He subsequently clips the neighbours leg and causes minor bruising. Tom’s vehicle could be classified as a “weapon” under section 202C Crimes Act 1961?

True

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T/F
A. “to injure” is defined in s2 of the Crimes Act 1961 as to cause “actual
bodily harm.” – Which can include:
-A black eye as a result of a punch to the face
-Rendering a Victim unconscious for a short period of time
-Psychiatric injury to the Victim if it is some identifiable clinical condition
-Any hurt or injury calculated to interfere with the Victim’s health or comfort
-A small bruise after the Victim has been gasped around the wrist

A.
False
True
True
True
False

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T/F Q. Jo intends to cause GBH to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s arm. Jo cannot be charged under s189 of the Crimes Act 1961 as the cut would not be classified as GBH?

A. | False – Just because the injury is not bad – The intent was still present for a charge to be laid.

T/F Q. What needs to be considered when deciding on an assault charge? -The surrounding circumstances and nature of the offence -The degree of harm inflicted on the Victim. -That the offender attempted to apply force on the Victim. -The intentions of the offender.

``` A. True True False True ```

T/F 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?

A. | True

Q. 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 s191 Crimes Act 1961 in relation to the term “by any violent means renders any person incapable of resistance?”

A. | True

T/F To come within definition of assault the force used must be intentionally applied. Which of the following falls within the specific requirement of “intentional application.” -An accidental pushing of one person into another person -A person tries to strike one person but misses and hit another -A person hits one person and force is inadvertently applied to another -A person is reckless and consequently force is applied to another

``` A. False True True False ```

Q. Michael and John are partners and live in the same house. After an argument John calls Police for assistance. You attend the incident and find Michael has punched John in the nose. John is bleeding profusely but will not lay a complaint. Michael is angry and threatening. You arrest him on a charge of assault and remove him from the house to attend to John’s immediate safety. -Should you issue a PSO against Michael – -Should you lawfully detain Michael until he has “cooled down”

A. No, Can't issue PSO after FV arrest Yes

``` A person is in a domestic relationship with another person if the person is: - a family member -They have a close personal relationship -Is their partner -Is their landlord/tenant ```

``` A. True True True False ```

Q. Joanne and Steve (both 16) siblings that fight. No evidence to arrest either. Can a PSO be served?

A. No as they are both under 17.

Q. Mary is the respondent of a protection order in relation to her ex-partner Josephine. Mary hears through the grapevine that Josephine has a new partner so asks a friend to go question Mary about it. - Can Mary be arrested for breaching her protection order when she herself has not approached the protected person. Is this a breach of the protection order.

A. Yes Yes

Q. Aaron is punched by his father, he is bruised and in shock. Aaron is 15. - Aaron’s father should be charged with Assault on a child - Aaron’s father should be charged with Common Assault

A. No - Aaron is over 15 Yes

Q.In relation to Domestic Violence the term violence includes? - Threats of physical, sexual or psychological abuse - Sexual abuse - Physical abuse - Psychological abuse

``` A. True True True True ```

T/F Q. Michael’s threat to hit Sylvie does not classify as violence as it was only a single threat and there must be a pattern of abusive acts?

A. | False

Q. John has been detained for the purpose of issuing a PSO however this has not occurred within 2 hours. What should be done?

A. John must be immediately released from the place of detention.

Q. What is a “bound person?”

A. The person who a PSO was served against.

T/F Q. John, the respondent of a protection order, rings his estranged wife to tell her that his mother was injured in a car accident and is critically ill. He says he wants his 12-year- old daughter to see her grandmother before she dies. John has breached the standard non-contact conditions of the protection order. He should be arrested and charged with breach ofprotection order?

A. | False

Q. The term “wilfully neglects” in relation to a section 195 Crimes Act 1961 (cruelty to a child) means:

A. Deliberate or reckless failure to provide care.

T/F | Q. Consent from the person at risk is needed before a PSO can be issued?

A. | False

Q. Which of the following acts contains the most appropriate power to enter Susan’s home without warrant to protect her child from injury?

A. CYFS Act 1989 – Section 42

Q. Can Police enter a private residence to locate and arrest a person who has breached their PSO conditions?

A. No – A warrant of arrest needs to be obtained.

Q. In which of the two following circumstance are Victims of family violence considered to be at a heightened risk of injury?

A. When the violence is increasing in frequency and severity. When attempted strangulation has occurred.

T/F | Q. Jill and Steve are flatmates. Steve threatens Jill over rent payments. Jill and Steve are in a domestic relationship?

A. True

T/F Q. Margaret wants a protection order against her abusive 15-year- old daughter. Your advice to Margaret will be that she will be able to obtain a protection order from the Court?

A. False – Daughter is only 15.

T/F Q. In determining whether a person has a close personal relationship with another person which of the following factors must be considered? -The requirement that the two persons live together -The duration of the relationship between the two persons -If the person has a sexual relationship with the other person -The nature and intensity of the relationship between the two persons

``` A. False True False True ```

Q. In the cycle of family violence which two of the following examples are indicators of escalating behaviour?

A. - Threatening to harm a pet or destroy a valued possession. - Checking their partner’s cell phone, Facebook and emails.

T/F Q. Tom assaults Alice and breaks two of her ribs which causes internal bleeding. The most appropriate charge would be Male Assaults Female (s194 Crimes Act 1961) as the assault is family violence related?

A. False – More severe charge required.

T/F Q. A risk assessment must be undertaken for all family violence occurrences. The reasons for risk assessment include the following: -It allows for patterns of behavioural abuse to be seen over time -It leads to identifying the correct support required by the Victims -It determines how and when to charge an offender – -It can be important to the judiciary when considering oppositions to bail

``` A. True True False True ```

T/F Q. When preparing an opposition to bail from a family violence offender Police must consider whether there is: -An adequate safety plan in place for the Victim and their family -Multiple charges faced by the offender -Need for the offender to have a “cool down” period in Police custody -A possibility of risk to the safety of the Victim’s family

``` A. True False True True ```

T/F Q. Michael continually taunts Jo in front of their two primary school aged children about being stupid and fat. Jo does nothing to prevent the children from being able to hear the abuse. Jo is just as liable as Michael for the psychological abuse of the children as she allows them to hear the taunts?

A. | False

Q. You have been told that David has a rifle in the house and that he repeatedly threatens his wife that he will shoot her if she makes complaint about him to the Police. The power to enter David’s house without warrant to search for the rifle comes from which act?

A. | Arms Act 1983

Q. Nathan and Bobby are hanging out in Town. Bobby wants to look at some guitars in the local second hand store. They both go in to the shop and have a look around. Nathan goes up to the female shop assistant and yells at her saying that he will punch her in the head unless she hands over the contents of the till. Frightened by Nathan’s actions the shop assistant hands over $650 cash. Bobby wonders what Nathan is up to and says “What are you doing?” Nathan then yells to Bobby and they both run out of the shop and take off down the road being pursued by the shop manager. A member of the public grabs Nathan as he runs down the road and attempts to hold on to him. Bobby seeing what is happening to Nathan, grabs a nearby road cone and hits the man in the head several times with the cone until he lets Nathan go. The member of the public falls to the ground, loses consciousness and sustains numerous cuts and gaping wounds to the face. Nathan and Bobby continue running from the scene and when they think they are safe, start arguing with each other. Bobby is angry that the Police will now be after them. Nathan gives him $200 cash taken from the shop and tells Bobby to keep his mouth shut. Bobby is more than happy to take the money and buys Nathan a drink to celebrate. Considering the liability of Nathan and Bobby for taking the $650 which of the following is the most appropriate charge?

A. Robbery by Nathan, threatened violence and obtained $650 cash from the shop assistant.

T/F | Q. Bobby should be charged with being party to the offence Robbery?

A. | False – He had no knowledge of the intention to commit robbery. Nathan acted on his own.

T/F | Q. Bobby should be charged with the theft of $650 cash from the second hand store?

A. False – He was not involved in the theft/robbery part. Can be charged with receiving.

T/F Q. The intervening member of the public has suffered a fractured skull and severe facial wounds after being hit around the head with the road cone. Nathan and Bobby are both liable for aggravated wounding for the member of public?

A. False – Only Bobby is liable. In this scenario there was no common intention to commit the robbery nor was there any common intention to assault anybody if someone intervened.

Q. Section 235 Crimes Act 191 Aggravated Robbery – Considering this legislation what is the liability of Bobby and Nathan for the offence of aggravated Robbery in relation to the events at the second hand store?

A. Neither are liable. Nathan – Robbery Bobby – Aggravated wounding and receiving

Q. At what point in the scenario involving Nathan and Bobby is robbery completed?

A. The robbery was complete at the time the shop assistant handed over the $650 cash to Nathan.

Q. Steve and Keith are walking down the road together. Steve is wearing an All Whites football jersey. Henry wants the jersey so walks up to Keith and punches him in the face and says “Tell Steve to give up his jersey otherwise I will punch you again.” Steve fearing Keith might be hurt takes off his jersey and hands it to Henry. What offence has Henry committed?

A. Robbery as Henry has used violence and stolen property.

T/F Q. A dairy owner is punched and tied up. The offender then leaves the owner in the shop and goes to the storeroom at the rear of the yard and steals cigarettes. The offender would not be liable for robbery as the theft of the cigarettes was not in the immediate presence of the Victim?

A. | False

T/F Q. As Zoe is walking along the road side she sees a female sitting at the bus stop listening to a pink coloured MP3 player. Zoe decides that she wants it, she punches the victim in the face and runs away with the MP3 player. As she gets down the road, she changes her mind, returns the property and apologises to the Victim. Zoe has committed the offence of robbery?

A. | True

T/F Q. Phillip has been watching the movements of local dairy owner, he bikes past the dairy owner on her way to the bank and snatches the dairy owners cash bag from her hand. She is furious but unharmed. The actions of Phillip would be sufficient to constitute the offence of robbery?

A. False Nil Violence

T/F Q. John has used violence to obtain property to which he believes he is entitled to. If a defense claim of right to a charge of “theft” is used by John, this defense would also negate a charge of robbery.

A. | True – Claim of right negates Theft however assault would be a charge.

Q. Doug and Colin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal their money. As a pedestrian approaches Doug changes his mind and takes off. Colin hits the pedestrian and searches his pockets. He finds no money however steals his MP3 player. Colin is liable for the following?

A. Robbery as he used violence on the pedestrian and stole the MP3 player.

T/F Q. Tai is involved in a fight; he punches Bruce several times causing Bruce to fall to the ground. As Bruce falls his phone falls out of his pocket. Tai sees it and decides to take it. The most appropriate charge for Tai would be robbery?

A. False Theft and Assault

Q. George is running down a crowded street. He grabs the shoulder bag of a passing female. He twists her arm as she tries to hold onto her bag. This causes her pain and she lets go of the bag. George takes off with the bag. The most appropriate charge in relation to George’s actions would be?

A. Robbery – His actions were accompanied with violence as the Victim was in pain causing her to let go of the bag.

T/F Q. Amy punches Lucy in the face because she is wearing a rival team’s beanie. As a result of the punch Lucy falls to the ground. As Amy is running away she sees Lucy’s beanie on the ground and decides to take it. Amy is liable for the offence – robbery?

A. False Assault and Theft

T/F Q. Stella stands immediately beside and watches her good friend Aroha punch and kick a passing pedestrian so that Aroha can steal her handbag. Stella’s presence at the robbery without active participation in it is not sufficient for an offence of aggravated robbery?

A. | True

T/F Q. Marty punches Simon in the head and demands that he hands over his money. Marty’s associate verbally threatens to kick Simon and is standing beside Marty as the Victim hands over a twenty-dollar note. The actions of Marty would be sufficient to satisfy the requirements of a joint enterprise between two or more persons in relation to aggravated robbery?

A. | True

T/F Q. Shelley and Steve decide to steal some cigarettes from their local dairy. Steve goes into the dairy and threatens the owner with a knife forcing him to hand over cash and boxes of cigarettes. Shelley stays in the car as the getaway driver and is unaware that Steve has the knife. Both Shelley and Steve are liable as principals for Aggravated Robbery as they were together at the dairy?

A. False

T/F Q. George enters the local dairy. He takes some biscuits from a shelf and hides them under his jacket to exit the store. The dairy owner chases him down the street. George stops running, turns and punches the dairy owner in the head. The dairy owner falls to the ground as George runs away. As George has used violence to avoid being caught for the theft, he would be liable for Robbery?

A. False Theft - Agg Assault

T/F Q. John and Tai are both armed with knives. They threaten their taxi driver that if he doesn’t hand over his money he will be stabbed. The taxi driver laughs at them and both John and Tai run away without the cash. As John and Tai are together, armed with knives and threaten to stab the taxi driver they would both be liable for Aggravated Robbery?

A. | False

Q. The term “grievous bodily harm” in relation to an offence of “aggravated robbery” means?

A. Really serious harm.

Q. Paul is waiting at a bus stop talking on his cell phone. He is approached by Andrea and Jill who demand that he hand over the cell phone to them. Paul ignores them. Andrea then pushes Paul backwards and pushes him in the face. Jill grabs the cell phone but Paul manages to get it back from her and the girls run away. Which of the following offences best describes Andrea’s criminal liability?

A. Aggravated Robbery – Andrea and Jill are together and both taking active part in the commission of the offence.

T/F Q. A patched gang member sits down next to an elderly lady and asks for a cigarette. The lady does not answer so the gang member moves closer and says, “Give me a cigarette now, you bitch” Scared by the gang member’s words and conduct she hands one over. The gang member should be charged with Demands with Menace in relation to his actions?

A. | False

T/F Q. Dave decides to rob the local bank. He leaves a rifle in his vehicle and parked down the street from the bank. He goes into the premises and tells the teller that if she doesn’t hand over the money he will go to his car, get his gun and blow her head off. Dave’s actions would be sufficient to satisfy the “armed with a weapon” ingredient of “aggravated robbery?”

A. | False

T/F Q. Two offenders intend to rob an office manager of his laptop. They approach the Victim and tell him that if he does not hand over his computer they will smash his head in. The Victim, believing that he is about to be assaulted, runs off and keeps possession of his laptop. The most appropriate charge in relation to both offenders would be “assault with intent to rob?”

A. | True

Q. Sharon is waiting at a taxi stand when she is approached by a patched gang member with extensive facial tattoos. He asks Sharon if she smokes. Sharon is afraid, panics and gives the gang member her packet of cigarettes. The most appropriate charge would be robbery as Sharon handed over her property based on the gang members looks and demeanor?

A. False – No charge

Q. Joe arms himself with an imitation firearm and successfully robs his local bank. Joe is liable for Aggravated robbery as the imitation firearm falls within the definition of anything appearing to be an offensive weapon?

A. | True

Q. It would be appropriate to charge an offender with assault with intent to rib where violence has been used by the robbery for whatever reason has not been completed.

A. | True

T/F Q. A couple are dragged out of their car by a group of youths. The youths threaten to punch the female if the male does not hand over the keys. The male gives the keys to the group and they drive off in the car. -As the threats of violence were not directed at the male the youths can only be charged with Assault on the female and demanding with menaces?

A. False

T/F Q. Jim goes in to the supermarket on his way home from softball practice. He is carrying his softball bat in his hand. While waiting in the queue he decides to rob the supermarket and threatens the checkout operator that if he doesn’t hand over the money he will get hit around the head with the bat. If Jim carries through with his plan, he would be liable for aggravated robbery. Although Jim’s initial carriage of the softball bat is innocent his later actions would deem it to be an offensive weapon?

A. | True

T/F Q. In relation to “intent to steal” ingredient of “demanding with menaces” the prosecution must show that the offender acted dishonestly and without claim of right. A belief in a legal entitlement to demand the thing demanded is therefore a defense?

A. | True

T/F Q. John is desperate for some cigarettes. He goes into a dairy, puts his finger in his pocket and points it at the dairy owner pretending that he has a firearm. The dairy owner gives John two boxes of cigarettes and John flees from the scene. John’s actions would be sufficient to charge him with Aggravated Robbery as he has pretended to be armed with a firearm and has stolen cigarettes?

A. | False

Q. The offence “demanding with menaces” section 239(2) Crimes Act 1961 is complete as soon as a person forms the intention to steal property from a person?

A. | False

Q. Henry gets into a fight with Steve. He punches and kicks Steve. Steve falls to the ground and is slow to get up. Henry sees that he has an opportunity and decides to steal Steve’s wallet which is falling out of his pocket but is unsuccessful in taking it. Henry should be charged with “assault with intent to rob?”

A. | False

CIK 105 Investigating Violence Offence Flashcards

(87 cards)