Offences 🧤🔍

Question 1

Define ‘Common Assault’

OF01 - Assault

Answer 1

Intentionally applying force to another person

Includes direct, indirect or even threatening by act or gesture (usually words and gestures are combined).

Question 2

Which two Acts and their relevant Sections deal with Common Assault?

OF01 - Assault

Answer 2

Section 196
Crimes Act 1961

Section 9
Summary Offences Act 1981

Question 3

What is Direct Assault?

Answer 3

When a someone deliberately strikes the person they intended to hit.

Question 4

Define Indirect Assault

OF01 - Assault

Answer 4

Where the force is not applied directly to the victim
(e.g. pulling a chair away as the try to sit down)

Question 5

What is Conditional Assault?

OF01 - Assault

Answer 5

Where a victim is threatened with assault that is accompanied by a condition, that if complied with, will allow the victim to avoid the assault.

Question 6

Explain Doctrine of Transferred Malice

OF01 - Assault

Answer 6

If the person has the intent (mens rea) and commits the act (actus reus) they are still liable even if the victim differs from the one intended.

(e.g. they try to punch someone, but they miss and punch someone else)

Question 7

Name the Elements:
Assault

2 Elements

OF01 - Assault

Answer 7

1. Assaults
2. Another Person

Question 8

Prove the element:
Assaults

Answer 8

Acts of intentionally applying or attempting to apply force to another person (directly or indirectly).
OR
threatening by act or gesture to apply such force to another person if RGTB they have the present ability to effect their purpose.

Question 9

What is Section 10 of the
Summary Offences Act 1981?

Answer 9

Assault on a police, prison or traffic officer
(This only applies while on duty)

Question 10

Which 3 factors determine the most appropriate assault charge?

Answer 10

1. The Intent
2. Weapons or degree of force used
3. Injury received

Question 11

Name the elements of:
Theft by Taking

5 + 1OR

OF03 - Theft

Answer 11

1. Dishonestly
2. Without Claim of Right
3. Takes
4. Any Property
5. With intent to deprive any owner permanently of that property
   OR
   With intent to deprive any owner permanently of any interest in that property

Crimes Act 1961 - Sections 219(1)(a) & 223(b) or 223(c) or 223(d)

Question 12

Name the elements of:
Theft by Using or Dealing

OF03 - Theft

Answer 12

1. Dishonestly
2. Without Claim of Right
3. Uses or deals with
4. Any Property
5. With intent to deprive the owner permanently of that property
   OR
   With intent to deprive the owner permanently of any interest in that property
6. After obtaining possession or control of that property in whatever manner

Crimes Act 1961 - Sections 219(1)(b) & 223(b) or 223(c) or 223(d)

Question 13

Definition of:
Takes

OF03 - Theft

Answer 13

Theft is committed when the offender moves the property or causes it to be moved.
The slightest moving is enough.

Question 14

Definition of:
Dishonestly

OF03 - Theft

Answer 14

Without consent from the owner.

‘Dishonesty’ (in relation to an act or omission) means done or omitted without a belief that there is express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 15

Definition of:
Claim of Right

OF03 - Theft

Answer 15

A belief that the property belongs to you.

Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessionary right in property in relation to which the offence is alleged to have been committed.

Question 16

Definition of:
Uses or deals with

OF03 - Theft

Answer 16

Make decisions about any property (item etc) after you have gained possession (or control) of it as if you were the owner

Question 17

Why is it important to know the value of the stolen property?

Answer 17

It determines the penalty imposed upon conviction.

Question 18

Name the elements of:
Burglary

4 + 4ORs

OF03 - Burglary

Answer 18

1. Enters
2. Any Building
   OR Any Ship
   OR Any part of a building
   OR Any part of a ship
3. Without Authority
4. With intent to commit an imprisonable offence in the building
   OR with intent to commit an imprisonable offence in a ship

Crimes Act 1961 Section 231(i)(a)

Question 19

What is the definition of:
Enters

OF03 - Burglary

Answer 19

As soon as a part of the person or tool they’re uses goes inside a doorway or passes through a window it is considered entry.

(Simply trying to pry open a window would constitute an “attempt”)

Question 20

What is an Enclosed Yard?

OF03 - Burglary

Answer 20

A yard is enclosed if the bulk of the boundary in in some way enclosed by a fence or boundary.

For practical purposes, if property is taken from the front of an address that is not fenced in any way, then theft would be the appropriate charge.

Question 21

What factor would make Burglary aggrevated?

OF03 - Burglary

Answer 21

Having or using a weapon whilst committing burglary.

The weapon does not have to be in their possession - Ready access to the weapon is sufficient.

Question 22

Name the elements of:
Robbery

4 + 3ORs

OF03 - Robbery

Answer 22

1. Theft
2. Accompanied by violence
   OR Accompanied by threats of violence
3. To any person OR to any property
4. Used to extort the property stolen
   OR to prevent or overcome resistance to the property being stolen

Question 23

What is Aggravated Robbery?

Answer 23

• Causes GBH before, during or after robbery.
• Two or more robbers.
• Armed with offensive weapon, instrument or firearm.

Section 235 - Crimes Act 1961

Question 24

What is meant by:
Assault with Intent to Rob

Answer 24

Where any person assaults another person with the intention to rob them, but no theft takes place.

Penalty: 14 years if aggravating factors from S235 present and 7 years if not.

Section 236 - Crimes Act 1961