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ADPP LAW Revision Questions & Correct Answers
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ADPP LAW Revision Questions & Correct Answers
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ADPP LAW Revision Questions & Correct AnswersCommon Assault- act and section Right Ans - Crimes Act 1900 (NSW) -
Section 61
Common Assault elements Right Ans - the accused
assaulted
intentionally or recklessly
without consent
without lawful excuse
a person
Common Assault is a Right Ans - table 2 offence imprisonment for 2 years
what must always be asked when dealing with a common assault Right Ans
- was consent given as an assault can happen with consent but consent can not
be given for ABH or GBH offences
Assault occasioning actual bodily harm - act and section Right Ans - Crimes
act 1900 (NSW) section - 59
crimes act 1900 (NSW) section 59 elements Right Ans - accused
intentionally or recklessly
without consent (no consent for ABH)
without lawful excuse
a person
occasioning ABH
reckless grievous bodily harm or wounding act and section Right Ans -
crimes act 1900 (NSW) section 35
crimes act 1900 (NSW) section 35 elements Right Ans - accused
wounds or causes GBH
to any person
with intent to cause GBH
criminal liability = Right Ans - actus reus + mens rea
temporal coincidence is Right Ans - when the actus reus and mens rea
, transfer of malice Right Ans - when the mens rea is transferred from one
thing to another
self defence when available act and section Right Ans - crimes act 1900
(NSW) section 418
defence of lawful correction act and section Right Ans - crimes act 1900
(NSW) section 61AA
violent disorder act and section Right Ans - Summary Offences act 1988
(NSW) section 11A
what is a violent disorder? Right Ans - - where three or more people are
together using or threatening unlawful violence
- the conduct of all people together is such that it would have caused a person
of reasonable firmness present at scene to fear for his or her safety
- each person can be charged with it
is affray an indictable offence ? Right Ans - yes
affray act and section Right Ans - Crimes Act 1900 (NSW) section 93C
Crimes Act 1900 (NSW) section 93C elements Right Ans - The accused used
or threatened to use unlawful violence towards another person; and
The conduct of the accused was such as would cause a person of reasonable
firmness present at the scene to fear for his/her personal safety.
what is a riot? Right Ans - where 12 or more people are together using or
threaten violence for a common purpose in a way which a person present of
reasonable firmness would fear for his or her safety
Riot act and section? Right Ans - Crimes Act 1900 (NSW) section 93B
Crimes Act 1900 (NSW) section 93B elements? Right Ans - - 12 or more
people were present together
- used or threatened to use unlawful violence for a common purpose
- their conduct taken together was such that it would cause a person of
reasonable firmness present at the scene to fear for his or her safety.
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