Offenses: OF01/OF02/OF03/OF08

Question 1

What are the elements of common assault?

Answer 1

• Assaults

- Another person

Question 2

One of elements of common assault is “assaults” what does this mean?

Answer 2

Acts 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 they have, the present ability to effect their purpose.

Question 3

One of the elements of common assault is “another person”, what does this mean?

Answer 3

It has to be another person other than the offender.

Question 4

There are two kinds of common assault, what are the two different sections each one falls under?

Answer 4

• Section 9 of the summary offenses act 1981, punches to face and body, no weapons used. Minor medical treatment
• Section 196 crimes act 1961. Punch in the head from behind

Question 5

What are the different types of assault?

Answer 5

• Direct Assault
• Indirect Assault
• Conditional Assault
• Transferred Malice
• Consent to Assault

Question 6

What does “Direct Assault” mean?

Answer 6

Intent to apply force to another person.

Question 7

What does “Indirect Assault” mean?

Answer 7

An assault where the force is not applied directly to the victim.

Question 8

What does “Conditional Assault” mean?

Answer 8

If the victim complies with a condition stated they will not be assaulted.

Question 9

What does “Transferred Malice” mean?

Answer 9

A defendant will be liable for an offense if he or she has the necessary “mens rea” and the victim commits the “actus reus” even if the victim differs from the one intended.

Question 10

What are the three factors we must consider when deciding what charge is most appropriate?

Answer 10

• The intent
• Weapons or degree of force
• Injuries received

Question 11

Mens Rea and Actus Reus is necessary to prove the offender did it, what does each one mean?

Answer 11

Mens Rea - Intent

Actus Reus - action

Question 12

What are the elements of Wilful Damage (property) in Summary Offences Act 1981 Section 11(1)(a)

Answer 12

• Intentionally
• Damages
• Property

Question 13

One of the elements of “Wilful Damage” is intentionally, what does this mean?

Answer 13

A deliberate act, without lawful justification, excuse or claim of right.

OR

A reckless act, without lawful justication, excuse or claim of right.

Question 14

One of the elements of “Wilful Damage (property)”is damages, what does this mean?

Answer 14

A temporary or permanent reduction in the value and or usefullness of the property.

Question 15

One of the elements of “Wilful Damage (property)” is property, what does this mean?

Answer 15

Something that belongs to another person and is capable of being damaged

Question 16

What are the elements of Wilful Damage (vegetation) in the summary Offences Act 1981 Section 11(1)(b)

Answer 16

• Intentionally
• Sets fire to
• Any tree or vegetation

Question 17

One of the elements of “Wilful Damage (vegetation)” is sets fire too, what does this mean?

Answer 17

Damages through use of fire

Question 18

One of the elements of “Wilful Damage (vegetation)” is any tree or vegetation, what does this mean?

Answer 18

Any growing plant.

Question 19

What are the elements of theft by taking (section 219 (1)(a) crimes act 1961?

Answer 19

• Dishonestly
• Without claim of right
• Takes
• Any property
• With intent to deprive any owner permanently of that property

OR

• With intent to deprive ant owner permanently of any interest in the property

Question 20

What are the elements of theft by using or dealing (section 219 (1)(b) crimes act 1961?

Answer 20

• Dishonestly
• without claim of right
• uses or deals with
• any property
• with intent to deprive any owner permanently of that property

OR

• With intent to deprive any owner permanently of any interest in that property
• After obtaining possession or control of that property in whatever manner.

Question 21

What does Dishonestly mean?

Answer 21

Without a belief that there was a consent or authority from the owner

Question 22

What does without claim of right mean?

Answer 22

No belief in a right to own or possess the property

Question 23

What does uses or deals with mean?

Answer 23

Exceeds the authority or conditions given by using or dealing with the property in any manner

Question 24

What does any property mean?

Answer 24

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value