Offences Flashcards

1
Q

Definition of Assault

A

Intentionally applying or attempting to apply force to another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 3 types of assaults?

A

Directly
Indirectly
Conditional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two Acts that cover assault?

A

Crimes Act 1961

Summary offences Act 1981

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Why is the element “another person”?

A

You cannot assault an animal or yourself.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Can you be charged with assault for an injury that was caused to another person out of fear for being assaulted?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is conditional assault?

A

A threat followed by a condition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is Mens rea?

A

The act of doing something wrong knowingly.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is Actus reus?

A

A guilty act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is consensual assault?

A

Common everyday acts such as a handshake or high-five

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What Act and Section is common Assault?

A

Summary offences Act 1981
Section 9

And

Crimes Act 1961 
Section 196 (Punch to the head from behind)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What Act and section is assaulting a constable?

A

Summary offence Act 1981

Section 10

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What Act and section is Male assaults female?

A

Crimes Act 1961

Section 194b

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Section 9, Summary Offences Act 1981?

A

Common Assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Section 10, Summary Offences Act 1981

A

Assaulting a constable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Section 192, Crimes Act 1961

A

Aggravated assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When deciding what Act and section to use for an assault, what 3 factors must be considered?

A

The intent
Weapons or degree of force
Injury received

17
Q

What is the difference between Crimes Act 1961 and Offences Act 1981?

A

Crimes Act deals with more serious cases

18
Q

Strangulation

A

A) Blocking a persons nose, mouth or both

B) Applying pressure on, or to, that other persons throat, neck or both

19
Q

Gives a constable the power to use force when making an arrest - Section and Act?

A

S39

Crimes Act 1961

20
Q

Gives power to for use of force while escaping - Section and Act?

A

S40

Crimes Act 1961

21
Q

Force to be used to prevent a breach of the peace

A

Section 42

Crimes Act

22
Q

Gives the power to use for saving someone’s life or yours?

A

Section 48

Crimes Act 1961

23
Q

Anyone authorised to use force is criminally responsible for any excess force. What section?

A

S62

Crimes Act 1962

24
Q

Parent control what section and Act?

A

S59

Crimes Act 1961

25
What is VAWSEEPO? | When working a scene.
``` Victim/informant Appreciation Witness Scene Exhibits Elements Powers Offenders ```
26
Elements of theft?
Dishonestly Without claim of right Takes Any property A) with intent to deprive any owner permanently of that property. B) with intent to deprive any owner permanently of any interest in that property
27
Theft - using and dealing What are the 2 different elements?
Uses or deals with After obtaining procession or control of that property in what ever manner.
28
Why is value important?
It determines the penalty of the imposed upon conviction.
29
Burglary Crimes Act 1961 | What are the elements?
Enters Any building OR Ship OR Any part of any building OR Any part of and ship Without authority A) with intent to commit an impressionable offence in the building B) in the ship
30
What is aggravated burglary?
A weapon is on the person
31
Burglary (having entered) What does this mean?
The offender entered legally but remains without authority
32
What is an Artifice and why is it important?
It is a way of getting access to property under false pretences.
33
Robbery Crimes act 1961 What are the elements?
Theft A) accompanied by violence B) accompanied by threat of violence To and person Or To any property Used to extort the property stolen OR To prevent or overcome resistance to the property being stolen
34
What is aggravated robbery?
At the time, before or after causing GBH. One or more person(s) or armed with an offensive weapon while robbing another person.
35
What is an assault with the intent to rob?
An unsuccessful robbery where someone is assaulted.
36
Wilful Damage Summary Act 1981 What are the elements?
Intentionally Damages Property OR Any tree or vegetation