Formative: Statutory Definitions

Question 1

Intent

Answer 1

Must be an intention to complete an act for a specific result

Means a deliberate act or omission

Must be more that involuntary or accidental

Question 2

Injure

Answer 2

To cause actually bodily harm

Question 3

Acting recklessly

Answer 3

Must prove two things:

Defendant consciously and deliberately ran a risk

The risk was unreasonable in the circumstances

Question 4

person

Answer 4

JNCE: accepted by judicial notice or proven by circumstantial evidence

Question 5

Doctrine of transferred malice:

Answer 5

It is not necessary that the person suffering is the intended victim

Question 6

Wounds

Answer 6

A wound is breaking of the skin evidenced by the flow of blood

Can be internal or external

Question 7

Maims

Answer 7

Deprive the victim of use of a limb or one of the senses

Requires some degree of permanence

Question 8

Disfigures

Answer 8

Deform or deface

Mar or alter the figure or appearance or a person

Includes temporary change

Question 9

GBH

Answer 9

Harm that is really serious

Question 10

Facilitate

Answer 10

Means make possible or easier.

In terms of an aggravated wounding, provided they have the necessary intent at the time, don’t need to complete the offence.

Question 11

Imprisonable offence

Answer 11

An offence punishable by imprisonment

Question 12

Stupefy

Answer 12

Induce a state of stupor

Full the senses

Question 13

Renders unconscious any person

Answer 13

Render means cause or become, and offenders actions cause person to lose consciousness

Question 14

Robbery

Answer 14

Theft

accompanied by violence OR accompanied by threats of violence

To any person or property

Used to extort the property stole OR prevent or overcome resistance to its being stolen

Question 15

Dishonestly (in regards to theft or robbery)

Answer 15

An act or omission done without belief of express or implied consent by a person in a position of authority to give such consent

Question 16

Claim of right

Answer 16

Having a proprietary or possessory right

Question 17

Takes

Answer 17

Committed when an offender causes the property to be moved

Question 18

Violence

Answer 18

Modest assault satisfies necessary violence

Must be more than minimal force

Need not cause bodily injury

Question 19

Threat of violence

Answer 19

Implied threat is sufficient

Question 20

Extort

Answer 20

Obtain by coercion or intimidation

Question 21

Prevent

Answer 21

Keep from happening

Question 22

Overcome

Answer 22

To prevent or prevail over

Question 23

Being armed with

Answer 23

Defendant is carrying the weapon or has it available for immediate use

Question 24

Offensive weapon

Answer 24

Can be:

Article made or altered for causing bloody injury

Any article capable of causing bodily injury

Question 25

Being together with (in regard to Robbery)

Answer 25

Joint enterprise between two or more persons

Must share an intent to steal with their collective forces

Each must okay an active role

Requires physical proximity

Question 26

Assault

Answer 26

The act of intentionally applying or attempting to apply force to a person, directly or indirectly, or threatening by any act or gesture to apply such force to a person of the person has, or causes the other person to believe on reasonable grounds, the present ability to effect his purpose