Flashcards in Serious Assault and Robbery Deck (21):
What are the two main types of assaults?
Minor and serious assaults.
Define implied consent
Implied consent it 'assumed consent'. Implied consent is everyday touches such as shaking hands or turning a cheek to receive a kiss/ The person doing the touching assumes the other person will consent.
What is consent to harm?
Consent to harm is when you consent to assault or harm.
Can you consent to death?
No, however you can consent to harm or assault and this may lead to death.
Define robbery as per s234 of the Crimes act 1961.
Robbery is theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or to prevent or voercome resistance to it being stolen.
What is the maximum time of imprisonment for robbery?
What is the esential element needed for robbery.
Theft and violence or threats of violence.
Defind theft as per 219 of the Crimes act 1961
taking or moving property or causing property to be move with the intent to steal that property.
Physical custody or control over the item, includes actual or potential possession.
What is actual possesion? And what is potential possession?
Actual possession is having the item physically in your control. Potential possession is having the potential to have the item in their control i.e stored or accesable.
In relation to possession what does mental relate to?
Knowledge a person possesses the item and therefore has the itention to possess the item.
In relation to possession what is required for proof of possession?
Both the physical and mental elements have to both be met.
Explain what accompanied by violence means in relation to robbery
Has the intent to steal something from someone at the time violence or threats of violence are used, to extort the property or prevent/overcome resistance to obtain that property.
What degree of violence is sufficient in relation to robbery?
More than a minimal level of force and more than a technical assault but need not involve bodily injury.
Define threats of violence.
A direct warning that violence will be used if the victim does not submit to demands.
Other than verbally, what other ways can threats of violence be made?
Throught the Defendants conduct and demeanour or even appearance depending on cirucmstances.
Explain, used to extort the property stolen.
Means that the purpose of the violence/threats was to extort the stolen property or prevent or overcome resistance to it being stolen.
Extort means to obtain by coercion or intimidation.
Means to keep from happening
Means to defeat or to prevail over - to get the better of.