Formative 2 Prep Flashcards

Question

R v Wellard (It's 'well hard' to carry a person away) (Application: kidnapping (takes away)

Answer 1

The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”. Application: kidnapping (takes away)

Answer 2

Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted with the passive concept of “harbouring” or mere failure to hand over. Application: kidnapping (detains)

Answer 3

The offence is committed at the time of the taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary … that the Crown should show the intent was carried out. Application: kidnapping/abduction - offence complete

Answer 4

“Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short time is beside the point”. Application: abduction (young person)

Answer 5

Possession involves two … elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element … is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession … and an intention to exercise possession. Application: possession

Answer 6

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary. Application: Robbery complete

Answer 7

Defence to theft (claim of right) is a defence to robbery. Application: claim of right – defence to robbery.

Answer 8

The immediate return of goods by the robber does not purge the offence. Application: robbery complete.

Answer 9

“It is implicit in ‘accompany‘ that there must be a nexus (connection or link) between the act of stealing .… and a threat of violence. Both must be present.” However the term “does not require that the act of stealing and the threat of violence be contemporaneous .… “ Application: robbery nexus

Answer 10

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. Application: violence – robbery

Answer 11

A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both“. Application: threat of violence – robbery

Answer 12

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 of the nerves of the person threatened‘. Application: threat of violence – robbery

Answer 13

There is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section. Application: to any person – robbery

Answer 14

“The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred“. Application: together with – robbery

Answer 15

Two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime. Application: together with – robbery

Answer 16

“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.” Application: armed with – offensive weapon

Answer 17

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception. Application: intent to deceive – deception

Answer 18

The ‘thing‘ must be tangible and must be capable of being used to derive a pecuniary advantage. Application: thing capable of being used to derive a pecuniary advantage

Answer 19

“Loss ... is assessed by the extent to which the complainant's position prior to the (offence) has been diminished or impaired." Application: cause loss

Answer 20

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value. Application: damage to property

Answer 21

Tenancy of a property constitutes an interest in it. Application: interest in property

Answer 22

Recklessness is established if: (a) the defendant recognised that there was a real possibility that: (i) his or her actions would bring about the proscribed result; and/or (ii) that the proscribed circumstances existed; and (b) having regard to that risk those actions were unreasonable Application: recklessness

Answer 23

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”. Application: recklessness

Answer 24

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity. Application: incapable of resistance

Answer 25

The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”. Application: kidnapping (takes away)

Answer 26

Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted with the passive concept of “harbouring” or mere failure to hand over. Application: kidnapping (detains)

Answer 27

The offence is committed at the time of the taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary … that the Crown should show the intent was carried out. Application: kidnapping/abduction - offence complete

Answer 28

“Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short time is beside the point”. Application: abduction (young person)

Answer 29

Possession involves two … elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element … is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession … and an intention to exercise possession. Application: possession

Answer 30

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary. Application: Robbery complete

Answer 31

Defence to theft (claim of right) is a defence to robbery. Application: claim of right – defence to robbery.

Answer 32

The immediate return of goods by the robber does not purge the offence. Application: robbery complete.

Answer 33

“It is implicit in ‘accompany‘ that there must be a nexus (connection or link) between the act of stealing .… and a threat of violence. Both must be present.” However the term “does not require that the act of stealing and the threat of violence be contemporaneous .… “ Application: robbery nexus

Answer 34

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. Application: violence – robbery

Answer 35

A threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct or veiled. It may be conveyed by words or conduct, or a combination of both“. Application: threat of violence – robbery

Answer 36

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 of the nerves of the person threatened‘. Application: threat of violence – robbery

Answer 37

There is no requirement that the harm be inflicted on the victim of the robbery, thus infliction of harm to a person seeking to prevent the escape of the offender would come within the section. Application: to any person – robbery

Answer 38

“The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred“. Application: together with – robbery

Answer 39

Two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime. Application: together with – robbery

Answer 40

“What is possessed must under the definition be a thing. A person’s hand or fingers are not a thing.” Application: armed with – offensive weapon

Answer 41

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception. Application: intent to deceive – deception

Answer 42

The ‘thing‘ must be tangible and must be capable of being used to derive a pecuniary advantage. Application: thing capable of being used to derive a pecuniary advantage

Answer 43

“Loss ... is assessed by the extent to which the complainant's position prior to the (offence) has been diminished or impaired." Application: cause loss

Answer 44

Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value. Application: damage to property

Answer 45

Tenancy of a property constitutes an interest in it. Application: interest in property

Answer 46

- Sexual abuse - Physical abuse - Neglect

Answer 47

Circumstances of indency with, or sexual violation of a child, or using a child in the making of sexual imagery

Answer 48

- The action (of the abuse) - The injury inflicted (outcome or result) - The circumstances (factors in the case)

Answer 49

**_Methdology:_** - blow or kick to head - shaking of an infant - strangulation - use of an object as a weapon - attempted drowning **_Outcome or result:_** - a bone fracture - burn - concussion or loss of consciousness - any injury that requires medical attention - any bruising or abrasion where the child is very young

Answer 50

- not providing adequate food or shelter - not protecting a child from physical harm or danger - not accessing appropriate medical treatment or care - allowing a child to be exposed to illicit drug manufacture

Answer 51

1. Referral 2. Consultation 3. Agreement

Answer 52

Critical-24hrs: No safety or care identified Very urgent-48hrs: At risk of serious harm but some protective factors present for the next 48 hours Urgent-7days: At risk of harm or neglect and the circumstances are likely to negatively impact on the children at risk.