Under s192 you must prove all elements of assault.
What are they?
Definition:
Intentionally applying or attempting to apply force to another, Directly or indirectly OR threatening by any act or gesture to apply such force to another, If the person making the threat has or causes the other person to believe on reason me grounds that he has, present ability to effect his purpose
Elements
-intention to apply or attempt…
-application of force directly or indirectly
Or
-threate to apply force where victim believes
What must you prove in relation to intent in section 192?
192(1)
Must prove offender intended at the time of assault to ..
-commit imprisonable offence (or help commit)
-avoid detection/arrest
-facilitate flight or another’s flight after committing imprisonable offence
What defines the criminal liability in section 198?
Liability is based on the international and actions of the offender, rather than on the outcome or consequence of those actions.
It is not necessary to prove the victim suffered actual bodily harm.
More appropriate charge if bodily harm is caused would be murder/manslaughter/wounding etc
What is the difference between subsection 1 and 2 of section 188?
The offenders intent
1) with intent to cause GBH
2) with intent to injure or with reckless disregard for the safety of others
What is the difference between sections 188 and 189?
The type of injury received
188- wounds/mains/discigures/causes GBH
189- injures
What is a person?
X is a person. The fact they are a person is generally accepted by judicial notice and proved by circumstantial evidence.
Gender neutral
Age is not relevant
What is the doctrine of transferred malice?
It is not necessary that the person suffering harm was the intended victim.
Includes cases where the defendant mistakes identity
Under section 191, what are the three types of intent?
a) commit or facilitate the commission of an offence
b) to avoid detection of himself or of any other person in the commission of any imprisonable offence
c) to avoid arrest or facilitate flight of himself or another person upon commission or attempted commission of any imprisonable offence
What was holding R v Crossan regarding section 191?
Incapable of resistance includes a powerlessness of the will as well as any physical incapacity.
The term violent means is not limited to physical violence and may include threats of violence depending on the circumstances
Section 198(1) sets out three offences. What are they?
What’s the penalty
a) Discharges any firearm, air gun or other similar weapon at any person
b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device
c) Sets fire to any property
14 years
Elements of blackmail
- threatens, expressly or by implication
- to make an accusation against any person
- to disclose something about any person
Or to cause serious damage to property or endanger the safety of any person - with intent
a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat
AND
b) to obtain any benefit or to cause loss to any person
14yrs
In relation to blackmail what is a benefit
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration
What is the statutory defence for blackmail
S237(2)
If the defendant can show they were entitled to obtain the benefit or to cause loss and, objectively viewed, the making of the threat was a reasonable and proper means for obtaining benefit/causing loss there is a defence
Demanding with intent to steal
S239
239(1) -
-without claim of right
-by force or with any threat
-compels any person to execute/make/acceot/endorse/alter or destroy any document capable of conferring a pecuniary advantage
-with intent to obtain any benefit
14 yrs
239(2)
-with menaces or by any threat
-demands any property from any persons with intent to steal
Priorities for investigation robbery
- Secure safety of public and police
- Prevent the crime
- Contain scene
- Gather evidence
- Establish and eliminate suspects
- Identify offender
- Locate offender
- Search offender and premises, gather evidence
- Establish prosecution case
- Prepare file for prosecution
