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VIOLENCE 100% > GENERAL > Flashcards

GENERAL Flashcards

1
Q

Wounding, Injuring, and Assault:

List 4 things that may provide additional circumstantial evidence regarding the offenders intent:

A

(1) Prior threats
(2) Premeditation
(3) Purposely brought weapons
(4) Parts of the body targeted (head)
(5) Number of blows
(6) Helpless victim, unconscious
(7) Force used
(8) Use of weapons

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2
Q

What is material to the offence?
(a) An intent to do GBH
or
(b) Whether GBH was done.

A

(A) is correct.

If there was an intent to do grievous bodily harm, it was immaterial whether grievous harm was done.

The question is not what the wound is, but what wound was intended.

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3
Q

For the element of causing GBH,
Is it necessary for prosecution to prove how the GBH was caused or that it was caused by an assault.

A

No.

Prosecution just need to prove the accused caused the GBH.

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4
Q

For Aggravated Wounding, What 2 parts make up the “Two-fold test for intent”?

A

(1) In the commission of an imprisonable offence the defendant intended to (a), (b) or (c)

And

(2) Intended to cause the specified harm, or was reckless to that risk.

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5
Q

Holding a gun to a victim’s head to get them to submit to being raped, is an example of which subsection of s191(1)?

A

(a) facilitate the commission of an imprisonable offence

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6
Q

A “look-out” who knocks out a security guard to prevent him from walking in on a burglary in progress, is an example of which subsection of s191(1)?

A

(b) avoid detection of himself or another person.

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7
Q

Which is correct?
“Grievous” relates to:
(a) the DEGREE of harm, or
(b) the NATURE of it, or
(c) HOW it was cause.

A

(a) The degree of harm.

As long as the harm is serious, it need not involve life threatening or permanent injury.

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8
Q

Can bodily harm include “Psychiatric injury”?

A

Yes, but this would require expert evidence and the likelihood of an identifiable clinical condition.

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9
Q

Can psychological impact arise even though the victim has no recollection of the assault?
If so, give an example?

A

Yes.

In R v Donaldson, the victim later became aware that he had been sexually assaulted while unconscious. Learning of this resulted in a profound psychological impact on him.

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10
Q

Is harm limited to immediate harm?

A

No.

Delayed consequence is immaterial. Just as long as there is a link between cause and effect. A physical link between the act and the consequence.

Intentionally or recklessly infecting someone with HIV, which later develops into aids has resulted in a conviction for causing grievous bodily harm.

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11
Q

Which is correct?
Wounds, maims, and disfigures, refer to:
(a) the type of injury, or
(b) the degree of injury.

A

(a) the type of injury.

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12
Q

Which of these by definition has some degree of permanence and which one does not:
(1) Maim
(2) Disfigure

A

Maiming carries a degree of permanence. Disfigurement does not need to be permanent.

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13
Q

What is the doctrine of transferred malice?

A

It is not necessary that the person suffering the harm was the intended victim.

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14
Q

Are emotions such as fear, distress or panic, sufficient to qualify as actual bodily harm (psychiatric)?

A

No. There would need to be a diagnosed psychiatric illness.

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15
Q

With regard to reckless disregard for the safety of others, is it necessary that the defendant recognised the extent of the injury that would result?

A

No.

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16
Q

Give 3 examples of stupefaction?

A

(1) Rendered unconscious by a blow to the head
(2) Strangulation
(3) Administering a noxious substance

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17
Q

Give 3 examples of “VIOLENT MEANS”?

A

(1) tying hand behind back
(2) inflicting debilitating injuries
(3) A credible threat of violence

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18
Q

What are the 3 particular forms of mens rea in s198

A

(1)(a) Intent to do GBH
(2) Intent to injure
( ) Reckless disregard for the safety of others.

19
Q

What are the 3 optional actus reus elements in s198?

A

(1) Discharging a firearm at a person
(2) Delivering explosives
(3) Setting fire to property.

20
Q

Give 3 examples of INJURIOUS SUBSTANCE or DEVICE.

A

(1) Anthrax powder
(2) Boiling water
(3) A wire fence made live by mains power

21
Q

For the purpose of s198(1)(b), when is the offence complete?

A

When the explosive or injurious substance or device is put in place.

It needs to be capable of causing injury but it is not necessary that it gets triggered for the offence to be complete.

Setting fire will often involve burning, charring, or smoke damage.

22
Q

CA61 s198A Using Firearm against Law Enforcement

What is required for the defendant to satisfy the element of ‘Uses in any manner whatever’?

A

Handle or manipulate the firearm in a manner that conveys an implied threat may suffice.

It is not necessary to present or discharge the firearm.

23
Q

CA61 198A(2) Using a Firearm Against Law Enforcement

Does the use of a firearm need to be against a law enforcement officer specifically?

A

No. The firearm can be used in any manner against any person, as long as the offender has the necessary intent to resist arrest.

24
Q

What’s the difference between “Use any firearm in whatever manner” as used in s198A and “Use any firearm” as used in s198B?

A

s198A has a broader meaning due to the phrase ‘in whatever manner’. e.g. the firearm could be used as a club.

s198B has a narrower meaning and does not give provision for uses outside of the typical uses of firing, presenting, or displaying in a menacing manner.

25
Q

CA61 s198B
To satisfy the element, ‘Has any firearm with him’ is it sufficient for the offender to have possession and control of the firearm?

A

No. Because possession and control don’t require the defendant have immediate access to use the firearm. These terms can be merely potential and not actual.

The firearm must be AVAILABLE and AT HAND at THE TIME for use while committing the imprisonable offence.

26
Q

CA61 s198B
Is MERE POSSESSION sufficient to satisfy the element “in circumstances that prima facie show an intention to use it in connection with that imprisonable offence”?

A

No.
There needs to be the PRIMA FACIE intention to use the firearm in the commission of the imprisonable offence.

27
Q

What length would class a firearm as a ‘Pistol’?

A

Anything under 762mm

28
Q

List 4 features of a semi-automatic firearm that could qualify it as a ‘Military Style Semi-Auto Firearm:

A

(1) Folding or telescopic butt
(2) Magazine capacity (>15 for .22 RF, > 7 for all others)
(3) Detachable magazine appears to hold more than the specified amount (>15 rounds for .22 and >10 round for all other calibers).
(4) Bayonet lugs
(5) Flash suppressor
(6) Any other features specified by s74A Arms Act 1983.

29
Q

List 4 ‘restricted Weapons’ as specified in the Schedule of Restricted Weapons?

A

(1) Anti Tank Ammunition
(2) Grenade launchers
(3) Machine Guns
(4) Mines
(5) Mortars
(6) Rockets

30
Q

Do offences under s188 require proof of an assault?

A

No.
Because there is no reference to the use of violence in this offence.

31
Q

What is an aggravating offence?

A

To ‘aggravate’ means to make worse. Therefore the offending is aggravated by the fact the offender caused harm to the victim in the process of committing some other imprisonable offence.

32
Q

What case law deals with the two fold test for intent in relation to section 191

A

R v Tihi
In addition to one of the specific intents outlined in paragraphs (a-c) it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

33
Q

In s191(1) what are the elements

A

CA61 s191(1)

Wounding
With intent
a-c

34
Q

In s192(2)
What are the intents?

A

Intended at the time of the assault to:
(1) Obstruct a police officer or
(2) Someone coming to their aid or
(3) anyone executing a lawful process.

35
Q

Is S198 the appropriate section to use if the victim is actually injured.

A

No.
S198 is where there was an INTENT to either :
(1) Do GBH or
(2) Injure or
(3) Have Reckless disregard

And a actus rea
(1) Discharge firearm
(2) Deliver explosives
(3) Set fire to property

But there need not be any actual harm done. Actual harm is better addressed where actual harm is an element such as s188.

36
Q

What’s the difference between a firearm and an air gun?

A

A firearm act by force of an explosion and an air gun acts by compressed air.

37
Q

What case law deals with Possession?

A

Cox

38
Q

What are the two elements of Possession?

A

Physical custody or control
- Actual
- Potential

Mental
- Knowledge (Awareness of it being in his possession)
- Intent (to exercise that possession)

39
Q

Is is robbery if a person punches someone then takes their wallet as an afterthought?

A

No. The violence needs to have been committed with the intent to steel or extort.

40
Q

Can a threat have a continuing effect on the mind of a victim, causing them to hand over property some time later?

A

Yes

41
Q

How much violence is necessary to constitute robbery? And what is the case law that supports this?

A

The violence need be more than a technical assault. But it need not cause injury and just hurting the victim is sufficient.

PENEHA is the case law:
It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort”.

42
Q

Would a veiled threat be sufficient as the element of THREAT in the offence of Robbery?

What are some consideration, list 4?

A

Yes. If it sufficiently acted on the mind of the victim.
(1) the relative ages of the parties
(2) their respective physiques
(3) their appearance
(4) Their demeanour
(5) What was said and done
(6) Manner and setting

43
Q

For the offence of Robbery, what is the important factor:
(1) is it the degree of fear generated in the victim, or
(2) The intent of the offender to cause fear, or his foreknowledge that his actions and appearance could generate the fear.

A

(2). The actions and knowledge of the defendant
The actual presence or absence of fear on the part of the complainant is not the yardstick. It is the conduct of the accused which has to be assessed rather than the strength and nerves of the person threatened. are the critical element.

Pacholko

VIOLENCE 100% (14 decks)

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