INV105 - Final Flashcards

Question 1

Q

Margaret is experiencing problems with her 15 year old daughter who lives with her in the family home. Frequently Margaret is the victim of verbal and physical abuse from her daugher and the violence she experiences is escalating. Margaret asks for your advice on obtaining a protection order for herself with her daughter as respondent.

Your advice to Margaret will be that she will be able to obtain a protection order from the court.

Select one:

True
False

Answer

A

False

Question 2

Q

Mary has breached the conditions of her police safety order and is hiding and avoiding police. Inquiries have established that she is staying at a known residential address.

As Mary is a bound person and has breached a police safety order you are able to enter the address and take her in to custody to appear in court.

Select one:

True
False

Answer

A

False

Question 3

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 would be under section 191 CA 1961 - ‘aggravated wounding or injury’

Select one:

True
False

Answer

A

False

Question 4

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 girlfriend so asks a friend to go around and question Josephine to find out some details.

Can Mary be arrested for breaching her protection order when she herself has not approached the protected person? Yes or No
Is this a breach of the protection order? Yes or No

Answer

A

Can Mary be arrested for breaching her protection order when she herself has not approached the protected person? Yes
Is this a breach of the protection order? Yes

It is a breach if the respondent encourages any person to engage in behaviour against a protected person when the behaviour, if engaged in by the respondent would be prohibited by the order.

Question 5

Q

Phillip has been watching the movements of the 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’.

Select one:

True
False

Answer

A

False

Question 6

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’.

Select one:

True
False

Answer

A

False

To succeed with a charge of ‘assault on a child’ you must prove that the child assaulted was under the age of 14 years.*
Sectio 194(a) Crimes Act 1961 Police Manual - Assaults - Definitions*

Question 7

Q

John has been detained by police for the purpose of authorisation, issuing and serving of a police safety order. The police safety order has not been issued or served within the two hour time period.

As the detained person, John:

Select one:

must be immediately released from the place of detention
can be detained on the authority of an authorised constable
can be detained until such time as the order is served

Answer

A

must be immediately released from the place of detention

Question 8

Q

Aaron is ‘punched over’ by his father after staying out overnight and he is badly bruised and shocked. Aaron is 15 years of age.

Aaron’s father should be charged with ‘common assault’ as Aaron is 15. Yes or No
Aaron’s father should be charged with ‘assault on a child’ as Aaron is 15. Yes or No

Answer

A

Aaron’s father should be charged with ‘common assault’ as Aaron is 15. Yes
Aaron’s father should be charged with ‘assault on a child’ as Aaron is 15. No

Question 9

Q

As Zoe is walking along the road she see’s a female sitting at the bus stop listening to a pink coloured MP3 player. Zoe decides that she wants it, punches the victim in the face and runs away with the MP3 player.

As she gets down the road Zoe changes her mind, returns the property to the victim and apologises.

Zoe has committed the offence of robbery.

Select one:

True
False

Question 10

Q

John, a respondent of a protection order, rings his estranged wife to tell her that his mother has been 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 a breach of protection order.

Select one:

True
False

Answer

A

False

Question 11

Q

Joanne and Steve are both aged 16 years of age. They are twins and live in their family home with their parents. You are called to a family violence occurrence at the address where there is sufficient evidence to arrest Steve for assaulting Joanne. Steve has lost his temper and hit Joanne on previous occasions.

A police safety order can be issued against Steve to ensure the safety of his sister Joanne.

Select one:

True
False

Answer

A

False

Question 12

Q

In relation to the ‘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 legal entitlement to demand the thing demanded is therefore a defence.

Select one:

True
False

Question 13

Q

Henry gets into a fight with Steve as he thinks Steve is seeing his girlfriend. He punches and kicks Steve. Steve falls to the ground and is slow to get up.

Henry see’s that he has an opportunity and decides to steal Steve’s wallet which is falling out of a pocket but is unsuccessful in taking it from him.

Henry should be charged with ‘assault with intent to rob’.

Select one:

True
False

Answer

A

False

Question 14

Q

Paul is waiting at the bus stop talking on his cellphone. He is approached by Andrea and Jill who demand that he hand over his cellphone to them, Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone 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?

Select one:

Assault with intent to rob
Aggravated robbery
Attempted aggravated robbery

Answer

A

Aggravated robbery

Question 15

Q

In which two of the following circumstances are victims of family violence considered to be at a heightened risk of injury?

Select one or more:

when the violence is increasing in frequency and severity
when attempted strangulation has occured
when some psychological abuse of the victim is involved

Answer

A

when the violence is increasing in frequency and severity
when attempted strangulation has occured

Question 16

Q

George enters the local dairy. He takes some biscuits from the 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 face and kicks him 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’.

Select one:

True
False

Answer

A

False

Question 17

Q

During a fight at a very crowded local bar, Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around the head. The injuries to the bar patron consist of a fractured eye socket and fractured skull.

The most appropriate way to describe Steve’s actions in the bar is that he:

Select one:

acted with the intent to injure any person
acted with reckless disregard for the safety of others
acted with intent to cause grievous bodily harm to any person

Answer

A

acted with reckless disregard for the safety of others

Question 18

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. True or False
if the person has a sexual relationship with the other person. True or False
the duration of the relationship between the two persons. True or False
the nature and intensity of the relationship between the two persons. True or False

Answer

A

the requirement that the two persons live together. False
if the person has a sexual relationship with the other person. False
the duration of the relationship between the two persons. True
the nature and intensity of the relationship between the two persons. True

Question 19

Q

It would be appropriate to charge an offender with ‘assault with intent to rob’ where violence has been used but the robbery for whatever reason has not been completed.

Select one:

True
False

Question 20

Q

Michael threatens to hit Sylvie after they argue about watching a programme on the television.

Michael’s threat of physical abuse would not be classed as violence as it is a single threat only and there must be a number of acts of abuse showing a pattern of behaviour.

Select one:

True
False

Answer

A

False

Question 21

Q

Select true / false for each of the following statements (.20 of a mark each)

When determining the correct charge for an ‘assault’ offence an offenders intent may be identified by:

the weapons or degree of force used by the offender. True or False
previous similar behaviour exhibited by the offender. True or False
the extent of the harm inflicted on the victim. True or False
words a witness heard spoken by the offender. True or False
the offender’s admission of intent to injure the victim. True or False

Answer

A

the weapons or degree of force used by the offender. True
previous similar behaviour exhibited by the offender. False
the extent of the harm inflicted on the victim. True
words a witness heard spoken by the offender. True
the offender’s admission of intent to injure the victim. True

Question 22

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 section 191 Crimes Act 1961 in relation to the term “by any violent means renders any person incapable of resistance”.

Select one:

True
False

Question 23

Q

On attending an incident you establish that an on-duty constable from your shift has been assaulted by a third party while trying to arrest an offender.

Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with ‘assault on police’.

Select one:

True
False

Answer

A

False

Question 24

Q

A person is in a domestic relationship with another person if the person:

is a partner of the other person. True or False
is a family member of the other person. True or False
has a close personal relationship with the other person. True or False
has a landlord-tenant relationship with the other person. True or False

Answer

A

is a partner of the other person. True
is a family member of the other person. True
has a close personal relationship with the other person. True
has a landlord-tenant relationship with the other person. False

Question 25

Q

The term ‘wilfully neglects’ in relation to section 195 CA 1961 (Cruelty to a child) means:

Select one:

causing unnecessary suffering to a child under 16
a failure for whatever reason to provide care
deliberate or reckless failure to provide care

Answer

A

deliberate or reckless failure to provide care

Question 26

Q

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

Select one or more:

threatening to harm a pet or destroy a valued possession
wounds, injuries or disfigures by way of physical violence
checking their partner’s cellphone, facebook and emails

Answer

A

threatening to harm a pet or destroy a valued possession
checking their partner’s cellphone, facebook and emails

Question 27

Q

A couple is parked up in a local park when they are dragged out of a car by a group of youths. The youths threaten to punch the female if the male does not hand over the keys to his car. The male gives them the keys and the youths drive off in the vehicle.

Is the following statement true or false?

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’

Select one:

True
False

Answer

A

False

Question 28

Q

During a heated argument between Tom and his wife Alice, Tom loses his temper and kicks Alice twice in the stomach area while she is on the floor. The kick breaks two of Alice’s ribs and causes internal bleeding.

The most appropriate charge for the assault on Alice would be ‘male assaults female’ (section 194 CA 1961) as the assault is family violence related.

Select one:

True
False

Answer

A

False

Higher charge should be sought - Assault with intent to injure

Question 29

Q

Joe arms himself with an imitation firearm and successfully robs his local bank of cash.

Joe is able to be charged with ‘aggravated robbery’ as the imitation firearm falls within the definition of anything appearing to be an offensive weapon.

Select one:

True
False

Question 30

Q

Josephine is walking along the road when she takes an instant dislike to Mary who is jogging in the opposite direction. Josephine picks up a rock, turns around, and throws it at the back of Mary’s head. The rock misses and Mary fearing for her safety runs away.

Josephine should be charged with the offence of ‘attempted assault’ in relation to her actions.

Select one:

True
False

Answer

A

False

Question 31

Q

Steve goes to his local pub where after a few drinks he gets into an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserve this” and smashes his glass twice into Steve’s face causing the glass to shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket.

What is the most appropriate Crimes Act 1961 assault offence?

Select one:

assault with a weapon (section 202C)
wounding with intent (section 188(1))
injuring with intent (section 189(1))

Answer

A

wounding with intent (section 188(1))

Question 32

Q

In relation to domestic (family) violence the term violence includes:

threats of physical, sexual or psychological abuse. True or False
sexual abuse. True or False
psychological abuse. True or False
physical abuse. True or False

Answer

A

threats of physical, sexual or psychological abuse. True
sexual abuse. True
psychological abuse. True
physical abuse. True

Question 33

Q

Steve and Keith are walking down the road together. Steve is wearing an All Whites football jersey. Henry wants the football jersey so walks up to Keith, punches him in the face, and yells at him to tell Steve to give up his jersey otherwise he will punch him again. Steve fearing that Keith might be hurt takes off his jersey and gives it to Henry.

What offence has Henry committed:

Select one:

‘aggravated robbery’ as Henry has used violence on more than one person and stolen property
‘theft’ as the vioence was used on Keith but the property was taken from Steve
‘robbery’ as Henry has used violence and stolen property

Answer

A

‘robbery’ as Henry has used vioence and stolen property

Question 34

Q

The term ‘grievous bodily harm’ in relation to an offence of ‘aggravated robbery’ means:

Select one:

Actual physical injury
Really serious harm
Violence causing bodily injury

Answer

A

Really serious harm

Question 35

Q

John has used violence to obtain property to which he believes he is entitled to.

If a defence of claim of right to a charge of theft is used by John this defence would also negate a charge of robbery.

Select one:

True
False

Answer

A

True

If the mental element required for cannot be established there can be no robbery. This may arise in cases where the accused has used violence to obtain property to which the accused believes him or herself to be entitled. This would allow a defence of claim or right to a charge of theft - such a defence will also negate robbery R v Gibbington (1968)

Question 36

Q

You are dealing with a suspect who has caused injury to a person.

The term “to injure” means to cause:

Select one:

any type of injury to a person

really serious harm to a person

actual bodily harm to a person

Answer

A

actual bodily harm to a person

Question 37

Q

Jim goes into the supermarket on his way home from soft ball practice. He is carrying his soft ball 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 soft ball bat was innocent his later actions would deem it to be an offensive weapon.

Select one:

True
False

Question 38

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 offence would be ‘robbery’ as Sharon has handed over her property due to the gang members demeanor and look.

Select one:

True
False

Answer

A

False

Question 39

Q

A dairy owner is punched and tied up. The offender then leaves the dairy owner in the shop and goes to the store room at the rear of the yard and steals two boxes of cigarettes.

The offender would not be liable for robbery as the theft of the boxes of cigarettes was not in the immediate presence of the victim.

Select one:

True
False

Answer

A

False

Question 40

Q

Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset because he thinks that Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it at Bert. It misses Bert but hits Gloria.

This type of assault on Gloria is classed as an ‘indirect assault’.

Select one:

True
False

Answer

A

False

This type of assault is classed as Transferred Malice*
Any person is not confined to the intended victim. A suspect who intends to harm one person but in fact, harms another, may still be convicted. Mistaken identity is not a defence.*
Transferred Malice is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be harmed instead. Under the law, the individual causing the harm will be seen as having “intended” the act by means of the “transferred malice” doctrine.*
Section 2 Crimes Act 1961 Police Manual - Assaults - Definitions*

Question 41

Q

Two offenders intend to rob an office manager of his laptop computer. 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 tbe assaulted runs off and keeps possession of his computer.

The most appropriate charge in relation to both offenders would be ‘assault with intent to rob’.

Select one:

True
False

Question 42

Q

Jo intends to cause grievous bodily harm to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s forearm.

Jo cannot be charged under section 189 of the CA 1961 as the cut would not be classed as grievous bodily harm.

Select one:

True
False

Answer

A

False

Question 43

Q

When preparing any opposition to bail for a family violence offender police must consider whether there is:

an adequate safety plan in place for the victim and their family. True or False
multiple charges faced by the offender. True or False
need for the offender to have a cool off period in police custody. True or False
a possibility of risk to the safety of the victim’s family. True or False

Answer

A

an adequate safety plan in place for the victim and their family. True
multiple charges faced by the offender. False
need for the offender to have a cool off period in police custody. True
a possibility of risk to the safety of the victim’s family. True

Question 44

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 that they are no longer visible.

Which of the following charges is the most appropriate?

Select one:

with intent to cause grievous bodily harm to anyone, wounds
with intent to injure anyone, disfigures
with intent to injure anyone, maims

Answer

A

with intent to injure anyone, disfigures

Disfigurement consists of external injury that mars or alters a person’s appearance. The injury or damage need not necessarily be permanent.

Section 188 Crimes Act 1961 - Commentary

Police Manual - Assaults

Question 45

Q

You are called to a family violence assault but have insufficient evidence to arrest the violent person. The victim will not tell you what has happened but is adamant that she does not want her partner to leave the family home. Consent from the person at risk is needed before a police safety order can be issued.

Select one:

True
False

Answer

A

False

Question 46

Q

A risk assessment must be undertaken for all family violence occurrences. The reasons for risk assessment include the following:

It can be important to the judiciary when considering oppositions to bail. True or False
It leads to identifying the correct support required by victims. True or False
It determines how and when to charge an offender. True or False
It allows for patterns of behavioural abuse to be seen over time. True or False

Answer

A

It is can be important to the judiciary when considering oppositions to bail. True
It leads to identifying the correct support required by victims. True
It determines how and when to charge an offender. False
It allows for patterns of behavioural abuse to be seen over time. True

Question 47

Q

In a family violence context who does the term “bound person” apply to?

Select one:

The first-time family violence offender on bail awaiting court hearing
The person against who a police safety order has been issued
The person unable to remove themselves from serious family violence

Answer

A

The person against who a police safety order has been issued

Question 48

Q

Amy, a staunch Silver Ferns supporter is walking around the central city when she see’s Lucy wearing a Australian Diamonds beanie. Amy hates any other team other than Silver Ferns so punches Lucy and then kicks her several times in the head when she falls to the ground.

As Amy is running away she see’s Lucy’s beanie on the ground and decides to take it.

Amy is liable for the offence of ‘robbery’

Select one:

True
False

Answer

A

False

Question 49

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 hearing the abuse.

Jo is just as liable as Michael for the psychological abuse of the children as she has allowed the children to hear the taunts of her being stupid and fat.

Select one:

True
False

Answer

A

False

Question 50

Q

You have been told that David has a rifle in his house and that he repeatedly threatens his wife that he will shoot her if she makes any complaint about him hitting her to the police.

The power to enter David’s house without warrant to search for the rifle comes from which Act.

Select one:

Summary Proceedings Act 1957
Arms Act 1983
Domestic Violence Act 1995

Answer

A

Arms Act 1983

Question 51

Q

Michael and John are partners and live in the same house. After an argument John calls for Police assistance. You attend the occurrence 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 police safety order against Michael? Yes or No
Should you lawfully detain Michael until he has ‘cooled down’? Yes or No

Answer

A

Should you issue a police safety order against Michael? No
Should you lawfully detain Michael until he has ‘cooled down’? Yes

Refer to: Family violence policy and procedures - Police safety orders - When can a safety order be issued?

Question 52

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 he has a firearm. The dairy owner gives John two boxes of cigarettes and John flees 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.

Select one:

True
False

Answer

A

False

Question 53

Q

Tom intentionally drives his vehicle at slow speed at his neighbour after an argument over trees on the fence line between their two houses.

The vehicle clips the neighbour’s leg and causes minor bruising and grazes.

Tom’s vehicle could be classed as a “weapon” under section 202C CA 1961.

Select one:

True
False

Question 54

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 section 191 or section 192 of the CA 1961 and with reference to R v Tihi (1989) 2 NZLR 29 (CA) it must be shown that John:

meant to cause the specified harm to the dairy owner. True or False
foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm. True or False
had no intention to cause the specified harm to the dairy owner. True or False
made no attempt to warn the dairy owner of the impending harm. True or False

Answer

A

meant to cause the specified harm to the dairy owner. True
foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm. True
had no intention to cause the specified harm to the dairy owner. False
made no attempt to warn the dairy owner of the impending harm. False

Question 55

Q

Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle.

As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away.

What is the most appropriate assault offence?

common assault (section 9 Summary Offences Act 1981)
aggravated assault (section 192 Crimes Act 1961)
injuring with intent (section 189 Crimes Act 1961)

Answer

A

aggravated assault (section 192 Crimes Act 1961)

Question 56

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”.

Select one:

True
False

Answer

A

False

Question 57

Q

John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend.

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?

Select one:

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
this cannot be an offence of ‘assault’ as no force was applied to Harry and ‘threatening behaviour’ would be a more suiable charge
this cannot be an offence of ‘assault’ as John had no intention of ever harming Harry unless Harry failed to leave the party

Answer

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

Question 58

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 $20 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’.

Select one:

True
False

Question 59

Q

During a game of rugby there is some pushing and shoving between the two front rows. Steve falls to the ground and is then trampled on by one of the opposing players as the scrum moves forward.

The opposing player cannot be charged with assault as Steve has given implied consent to undergo the reasonable risks associated with the game of rugby.

Select one:

True
False

Question 60

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 threatened to stab the taxi driver they would be liable for ‘aggravated robbery’.

Select one:

True
False

Answer

A

False

Question 61

Q

Stan sees Nigel walking along the road with Gloria, Stans 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?

Yes - because to threaten another is an indirect application of force
Yes - because Bert and Gloria have reason to believe Stan can harm them
No - because Stan has not actually applied any force to Bert or Gloria

Answer

A

Yes - because Bert and Gloria have reason to believe Stan can harm them

The words “act or gesture” require some sort of physical movement. In most cases, the movement is accompanied by words, and the combination of the two proves the suspect’s intent. Physical contact is not necessary for a threat to constitute an assault. (Crimes Act 1961 Section 2)*
The raising of the fist is the act or gesture and the context of the words shows that Stan has the intent on threatening Bert. As he is right in front of Bert he has the present ability to apply force. (Police Manual - Assaults - Definitions)*

Question 62

Q

The offence ‘demanding with menaces’ section 239(2) CA 1961, is complete as soon as a person forms the intention to steal property from a person.

Select one:

True
False

Answer

A

False

Question 63

Q

Stella stands immediately beside and watches her good friend Aroha punch and kick a passing pedastrian so that Aroha can steal her hand bag.

Stella’s presence at the robbery without active participation in it is not sufficient for an offence of ‘aggravated robbery’.

Select one:

True
False

Question 64

Q

Jill and Steve have been living together as flatmates for 12 months. Recently Steve has become very aggressive over the rental payments and has threatened that he will do something to Jill if she doesn’t pay her portion of the rent on time.

The threats made by Steve would be classed as domestic (family) violence as Steve and Jill are in a domestic relationship.

Select one:

True
False

Answer 53

A

Children, Young Persons and Their Families Act 1989

Answer 54

A

rendering a victim unconscious for a short period of time. True
a small bruise after the victim has been grasped around the wrist. False
any hurt or injury calculated to interfere with the victim’s health or comfort. True
psychiatric injury to the victim if it is some identifiable clinical condition. True
a black eye as the result of a punch to the face of the victim. False

Answer 55

A

a person tries to strike one person but misses and hits another. True
a person is reckless and consequently force is applied to another. False
a person hits one person and force is inadvertently applied to another. True
an accidental pushing of one person into another person. False

Answer 56

A

the surrounding circumstances and the nature of the offence. True
the intentions of the offender. True
that the offender attempted to apply force on the victim. False
the degree of harm inflicted on the victim. True

Answer 57

A

False

Answer 58

A

grievous bodily harm = fractured skull
injury = loss of consciousness by punch to head
wounds = gash to leg
maim = loss of an index finger
disfigure = facial scarring

Answer 59

A

False

Answer 60

A

False

Answer 61

A

False

Answer 62

A

‘robbery’ as he has used violence on the pedastrian and stolen the MP3 player

Answer 63

A

True

For the offence of ‘assault with intent to injure’ to be committed it is not necessary that the person assaulted be the person the defendant was actually intending to injure.*
Section 193 CA 1961, Police Manual - Assaults*

Answer 64

A

a wound

Answer 65

A

robbery as the theft was accompanied by a sufficient level of violence

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INV105 - Final Flashcards

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