Formative: Statutory Definitions Flashcards
Intent
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
Injure
To cause actually bodily harm
Acting recklessly
Must prove two things:
Defendant consciously and deliberately ran a risk
The risk was unreasonable in the circumstances
person
JNCE: accepted by judicial notice or proven by circumstantial evidence
Doctrine of transferred malice:
It is not necessary that the person suffering is the intended victim
Wounds
A wound is breaking of the skin evidenced by the flow of blood
Can be internal or external
Maims
Deprive the victim of use of a limb or one of the senses
Requires some degree of permanence
Disfigures
Deform or deface
Mar or alter the figure or appearance or a person
Includes temporary change
GBH
Harm that is really serious
Facilitate
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.
Imprisonable offence
An offence punishable by imprisonment
Stupefy
Induce a state of stupor
Full the senses
Renders unconscious any person
Render means cause or become, and offenders actions cause person to lose consciousness
Robbery
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
Dishonestly (in regards to theft or robbery)
An act or omission done without belief of express or implied consent by a person in a position of authority to give such consent
Claim of right
Having a proprietary or possessory right
Takes
Committed when an offender causes the property to be moved
Violence
Modest assault satisfies necessary violence
Must be more than minimal force
Need not cause bodily injury
Threat of violence
Implied threat is sufficient
Extort
Obtain by coercion or intimidation
Prevent
Keep from happening
Overcome
To prevent or prevail over
Being armed with
Defendant is carrying the weapon or has it available for immediate use
Offensive weapon
Can be:
Article made or altered for causing bloody injury
Any article capable of causing bodily injury
Being together with (in regard to Robbery)
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
Assault
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
