Exam qs

Question 1

What was held in R v Taisalika regarding intent and intoxication?

Answer 1

Nature of the blow and the gash it produced point strongly to the presence of necessary intent. Loss of memory of past events is not the same as lack of intent at the time.

Question 2

What are the four points of claim of right?

Answer 2

• Belief to possessory or proprietary right in the property.
• Belief must be about the right relating to the property the offence relates to.
• Belief must have been held at the time of offending.
• Belief must actually be held by Defendant.

Question 3

What are the Section 191 intents;

Answer 3

• A) To commit or facilitate the commission of an imprisonable offence.
• B) To avoid detection of himself or any other person in the commission of an
  imprisonable offence.
• C) To avoid arrest or facilitate flight of himself or any other person upon the commission of an imprisonable offence.

Question 4

R v SKIVINGTON

Answer 4

Theft is an ingredient of robbery and if the honest belief that a man has a claim of right is a defence. It negates one of the elements of robbery, without proof the full offence is not made out. A belief of claim of right is a defence to robbery.

Question 5

Doctrine of transferred malice

Answer 5

Not necessary for the person suffering the harm to be in the intended victim. R v HUNT – malice against the person cut is not essential, general malice is sufficient.

Question 6

Using a firearm against a law enforcement officer: Elements of 198(A)(1) CA 61

Answer 6

198(A)(1) Crimes Act 1961
- Uses a firearm in any matter whatever
- Against any Constable acting in the course of his/her duty
- Knowing or being reckless whether or not that person is a member of the Police, or so acting.

Question 7

When are offences under 198(1)(a) and 198(1)(b) carried out?

Answer 7

198(1)(a) – When the firearm is discharged at someone
198(1)(b) – When the injurious device or explosive is sent, delivered, or put in place. Must have ability to explode or cause injury.

Question 8

Injurious device/substance:

Answer 8

Anthrax in the mail.

Question 9

Ingredients of robbery

Answer 9

• Theft
• Accompanied by violence OR threats of violence
• To any person
• Used to extort the property stolen OR to prevent to overcome resistance to the property being stolen

Question 10

What turns robbery into aggravated robbery?

Answer 10

• At the time, immediately before or after caused GBH to any person.
• Being together with any person or persons.
• Being armed with any offensive weapon or instrument or anything appearing to be such weapon or instrument.

Question 11

R v Laiper

Answer 11

Robbery is complete the instant the property is taken, even if momentary.

Question 12

198(b) – Having the firearm immediately available

Answer 12

Very close physical link and degree of immediate control of the weapon

Question 13

Circumstantial evidence to support intent:

Answer 13

1- Prior threats
2- Premeditation
3- Use of a weapon
4- Weapon purposely brought or opportunistically used
5- Number of blows
6- Degree of force
7- Degree of resistance
8- Body targeted

Question 14

R v Tihi

Answer 14

Two fold test:
1 – Intended to facilitate the commission of an imprisonable offence
2 – Defendant indented on causing specific harm, or was reckless to the risk.

Question 15

Difference between 188(1) and 188(2)

Answer 15

188(1) offender intents to cause GHB.
188(2) offender intents to injure but the outcome was greater than expected.

Question 16

Difference between 188 and 189

Answer 16

Outcome of injuries and intent.

Question 17

Secondary intent

Answer 17

Offender believes consequence can happen. E.g bomb a plane for insurance – secondary intent is people may die.

An intent to produce a specific result by their actions

Question 18

Stupefies

Answer 18

To Stupefies means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental and physical ability to act in any way which might hinder an intended crime

Question 19

psychiatric injury

Answer 19

Bodily harm may include psychiatric injury but does not include mere emotion

Question 20

Example of a non-immediate harmful consequence (HIV) and support answer with case law (R V MWAI):

Answer 20

A person with AIDS knowingly has unprotected sex with another person. The person gets AIDS. R V MWAI GBH is not limited to the immediate harmful consequence of the offender’s actions. A steady relentless progression of the disease, which then led to evitable death was sufficient to establish the Defendant caused GBH.

Question 21

What was held in R V CROSSAN (rendered incapable of resistance) in relation to S191 CA 61?

Answer 21

Incapable of resistance includes - powerlessness of the will as well as physical incapacity. Violent means is not limited to physical violence and may include threats of violence depending on the circumstances.

Question 22

When investigating a serious assault what circumstantial evidence can you use to prove intent. SON WENT DDPB

Answer 22

• Surrounding circumstances
• Offender’s actions and words before, during and after
  the event
• Nature of the act itself
• Whether any weapon used was opportunistic or purposely brought
• Evidence of premeditation
• Number of blows
• The use of a weapon
• Degree of force used
• Degree of resistance or helplessness of the victim
• Prior threats
• Body parts targeted by the offedner

Question 23

What are the intents for Aggravated Wounding s191

Answer 23

(a) To commit or facilitate the commission of any imprisonable offence
(b) To avoid detection of himself or any other person in the commission of an imprisonable offence
(c) To avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence

Question 24

Elements of Aggravated Assault page 23. For the offence of Aggravated Assault under s192(1) the offender must assault the victim with intent. What must you prove

Answer 24

For a conviction, you will need to prove all the elements of Assault. They are the:
* Intention to apply or attempt to apply force
* Application or attempted application of force, whether directly or indirectly, or
* Threat to apply force in circumstances where the victim believes the offender will be able to carry out the threat.

Question 25

By any “violent means” renders incapable of resistance:

Answer 25

A mere threat itself may not be sufficient to constitute violent means. “The threat of brandishing the loaded firearm around causes the victim to submit to the offender’s will - in the belief that he will carry out his threat unless she does so.”

“Violent Means” includes the application of force that physically incapacitates a person.

Question 26

What was held in R V CROSSNAN?.

Answer 26

A combination of threats and violence constitutes violent means

Question 27

What is the difference between wounds/maims/disfigures AND casues GBH

Answer 27

Wounds/maims/disgifures refer to the type of injury GBH refers to the degree of harm

Question 28

What circumstantial evidence proves the offender’s intent in serious assault cases?

Answer 28

The offender’s words and conduct before, during and after.

Question 29

Can a finger up a jersey pretending to be a gun be defined as an instrument or an item appearing to be an offensive weapon? Explain your answer referring to case law.

Answer 29

No. A person who uses his fingers to simulate the possession of a firearm is not armed with any ‘thing’ and does not commit aggravated robbery. The term ‘any thing’ does not include the defendant’s unsevered hand (R V BENTHAM).

Question 30

What questions must you ask when you receive information from a CHIS in relation to a robbery pg 9 hyperlink.

Answer 30

• Has the human source supplied reliable information previously?
• Has the human source information come from more than one source? 

• Have staff members who work on the premises of the intended robbery noted any suspicious people in the vicinity? 

• Does the company deal with large amounts of money, drugs or valuable goods? 

• Can you corroborate the information received as correct?

Question 31

What was held in R V JOYCE (make sure you include ‘JOINT ENTERPRISE’ in the case law)

Answer 31

There must be proof that in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the robbery.

Question 32

Define claim of right?

Answer 32

In relation to any act, a belief at the time of the act in a propriety or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance, mistake of fact or of any matter of law other than the enactment to which the offence is alleged to have been committed.

Question 33

What factors elevate the offence of Robbery S234 CA 61 to Aggravated s235 CA 61?

Answer 33

• At the time of or immediately before or after caused GBH to any person.
• Being together with any other person robs any person.
• Being armed with any offensive weapon or instrument or anything appearing to be a such weapon or instrument robs any other person.

Question 34

Definition of injurious substance and device

Answer 34

An injurious substance or device, cover a range of things capable of causing harm to a person, i.e. a letter containing Anthrax is posted to a target.

Question 35

What are the ingredients for Using a Firearm Against a Law Enforcement Officer? S198(A)(1):

Answer 35

• Uses any firearm in any manner whatever
• Against any Constable, (or traffic officer) or any prison officer acting in the course of his/her duty
• Knowing that OR being reckless whether or not that the person is a member of Police, traffic officer or prison officer so acting.

Question 36

Would a charge under 198A(1) fail if the police officer was trespassing?

Answer 36

Yes, because the Police Officer has acted unlawfully they cannot be said to be acting in the course of his/her duty.