GENERAL

Question 1

Wounding, Injuring, and Assault:

List 4 things that may provide additional circumstantial evidence regarding the offenders intent:

Answer 1

(1) Prior threats
(2) Premeditation
(3) Purposely brought weapons
(4) Parts of the body targeted (head)
(5) Number of blows
(6) Helpless victim, unconscious
(7) Force used
(8) Use of weapons

Question 2

What is material to the offence?
(a) An intent to do GBH
or
(b) Whether GBH was done.

Answer 2

(A) is correct.

If there was an intent to do grievous bodily harm, it was immaterial whether grievous harm was done.

The question is not what the wound is, but what wound was intended.

Question 3

For the element of causing GBH,
Is it necessary for prosecution to prove how the GBH was caused or that it was caused by an assault.

Answer 3

No.

Prosecution just need to prove the accused caused the GBH.

Question 4

For Aggravated Wounding, What 2 parts make up the “Two-fold test for intent”?

Answer 4

(1) In the commission of an imprisonable offence the defendant intended to (a), (b) or (c)

And

(2) Intended to cause the specified harm, or was reckless to that risk.

Question 5

Holding a gun to a victim’s head to get them to submit to being raped, is an example of which subsection of s191(1)?

Answer 5

(a) facilitate the commission of an imprisonable offence

Question 6

A “look-out” who knocks out a security guard to prevent him from walking in on a burglary in progress, is an example of which subsection of s191(1)?

Answer 6

(b) avoid detection of himself or another person.

Question 7

Which is correct?
“Grievous” relates to:
(a) the DEGREE of harm, or
(b) the NATURE of it, or
(c) HOW it was cause.

Answer 7

(a) The degree of harm.

As long as the harm is serious, it need not involve life threatening or permanent injury.

Question 8

Can bodily harm include “Psychiatric injury”?

Answer 8

Yes, but this would require expert evidence and the likelihood of an identifiable clinical condition.

Question 9

Can psychological impact arise even though the victim has no recollection of the assault?
If so, give an example?

Answer 9

Yes.

In R v Donaldson, the victim later became aware that he had been sexually assaulted while unconscious. Learning of this resulted in a profound psychological impact on him.

Question 10

Is harm limited to immediate harm?

Answer 10

No.

Delayed consequence is immaterial. Just as long as there is a link between cause and effect. A physical link between the act and the consequence.

Intentionally or recklessly infecting someone with HIV, which later develops into aids has resulted in a conviction for causing grievous bodily harm.

Question 11

Which is correct?
Wounds, maims, and disfigures, refer to:
(a) the type of injury, or
(b) the degree of injury.

Answer 11

(a) the type of injury.

Question 12

Which of these by definition has some degree of permanence and which one does not:
(1) Maim
(2) Disfigure

Answer 12

Maiming carries a degree of permanence. Disfigurement does not need to be permanent.

Question 13

What is the doctrine of transferred malice?

Answer 13

It is not necessary that the person suffering the harm was the intended victim.

Question 14

Are emotions such as fear, distress or panic, sufficient to qualify as actual bodily harm (psychiatric)?

Answer 14

No. There would need to be a diagnosed psychiatric illness.

Question 15

With regard to reckless disregard for the safety of others, is it necessary that the defendant recognised the extent of the injury that would result?

Answer 15

No.

Question 16

Give 3 examples of stupefaction?

Answer 16

(1) Rendered unconscious by a blow to the head
(2) Strangulation
(3) Administering a noxious substance

Question 17

Give 3 examples of “VIOLENT MEANS”?

Answer 17

(1) tying hand behind back
(2) inflicting debilitating injuries
(3) A credible threat of violence

Question 18

What are the 3 particular forms of mens rea in s198

Answer 18

(1)(a) Intent to do GBH
(2) Intent to injure
( ) Reckless disregard for the safety of others.

Question 19

What are the 3 optional actus reus elements in s198?

Answer 19

(1) Discharging a firearm at a person
(2) Delivering explosives
(3) Setting fire to property.

Question 20

Give 3 examples of INJURIOUS SUBSTANCE or DEVICE.

Answer 20

(1) Anthrax powder
(2) Boiling water
(3) A wire fence made live by mains power

Question 21

For the purpose of s198(1)(b), when is the offence complete?

Answer 21

When the explosive or injurious substance or device is put in place.

It needs to be capable of causing injury but it is not necessary that it gets triggered for the offence to be complete.

Setting fire will often involve burning, charring, or smoke damage.

Question 22

CA61 s198A Using Firearm against Law Enforcement

What is required for the defendant to satisfy the element of ‘Uses in any manner whatever’?

Answer 22

Handle or manipulate the firearm in a manner that conveys an implied threat may suffice.

It is not necessary to present or discharge the firearm.

Question 23

CA61 198A(2) Using a Firearm Against Law Enforcement

Does the use of a firearm need to be against a law enforcement officer specifically?

Answer 23

No. The firearm can be used in any manner against any person, as long as the offender has the necessary intent to resist arrest.

Question 24

What’s the difference between “Use any firearm in whatever manner” as used in s198A and “Use any firearm” as used in s198B?

Answer 24

s198A has a broader meaning due to the phrase ‘in whatever manner’. e.g. the firearm could be used as a club.

s198B has a narrower meaning and does not give provision for uses outside of the typical uses of firing, presenting, or displaying in a menacing manner.

Question 25

CA61 s198B
To satisfy the element, ‘Has any firearm with him’ is it sufficient for the offender to have possession and control of the firearm?

Answer 25

No. Because possession and control don’t require the defendant have immediate access to use the firearm. These terms can be merely potential and not actual.

The firearm must be AVAILABLE and AT HAND at THE TIME for use while committing the imprisonable offence.

Question 26

CA61 s198B
Is MERE POSSESSION sufficient to satisfy the element “in circumstances that prima facie show an intention to use it in connection with that imprisonable offence”?

Answer 26

No.
There needs to be the PRIMA FACIE intention to use the firearm in the commission of the imprisonable offence.

Question 27

What length would class a firearm as a ‘Pistol’?

Answer 27

Anything under 762mm

Question 28

List 4 features of a semi-automatic firearm that could qualify it as a ‘Military Style Semi-Auto Firearm:

Answer 28

(1) Folding or telescopic butt
(2) Magazine capacity (>15 for .22 RF, > 7 for all others)
(3) Detachable magazine appears to hold more than the specified amount (>15 rounds for .22 and >10 round for all other calibers).
(4) Bayonet lugs
(5) Flash suppressor
(6) Any other features specified by s74A Arms Act 1983.

Question 29

List 4 ‘restricted Weapons’ as specified in the Schedule of Restricted Weapons?

Answer 29

(1) Anti Tank Ammunition
(2) Grenade launchers
(3) Machine Guns
(4) Mines
(5) Mortars
(6) Rockets

Question 30

Do offences under s188 require proof of an assault?

Answer 30

No.
Because there is no reference to the use of violence in this offence.

Question 31

What is an aggravating offence?

Answer 31

To ‘aggravate’ means to make worse. Therefore the offending is aggravated by the fact the offender caused harm to the victim in the process of committing some other imprisonable offence.

Question 32

What case law deals with the two fold test for intent in relation to section 191

Answer 32

R v Tihi
In addition to one of the specific intents outlined in paragraphs (a-c) it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

Question 33

In s191(1) what are the elements

Answer 33

CA61 s191(1)

Wounding
With intent
a-c

Question 34

In s192(2)
What are the intents?

Answer 34

Intended at the time of the assault to:
(1) Obstruct a police officer or
(2) Someone coming to their aid or
(3) anyone executing a lawful process.

Question 35

Is S198 the appropriate section to use if the victim is actually injured.

Answer 35

No.
S198 is where there was an INTENT to either :
(1) Do GBH or
(2) Injure or
(3) Have Reckless disregard

And a actus rea
(1) Discharge firearm
(2) Deliver explosives
(3) Set fire to property

But there need not be any actual harm done. Actual harm is better addressed where actual harm is an element such as s188.

Question 36

What’s the difference between a firearm and an air gun?

Answer 36

A firearm act by force of an explosion and an air gun acts by compressed air.

Question 37

What case law deals with Possession?

Answer 37

Cox

Question 38

What are the two elements of Possession?

Answer 38

Physical custody or control
- Actual
- Potential

Mental
- Knowledge (Awareness of it being in his possession)
- Intent (to exercise that possession)

Question 39

Is is robbery if a person punches someone then takes their wallet as an afterthought?

Answer 39

No. The violence needs to have been committed with the intent to steel or extort.

Question 40

Can a threat have a continuing effect on the mind of a victim, causing them to hand over property some time later?

Answer 40

Yes

Question 41

How much violence is necessary to constitute robbery? And what is the case law that supports this?

Answer 41

The violence need be more than a technical assault. But it need not cause injury and just hurting the victim is sufficient.

PENEHA is the case law:
It is sufficient that “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”.

Question 42

Would a veiled threat be sufficient as the element of THREAT in the offence of Robbery?

What are some consideration, list 4?

Answer 42

Yes. If it sufficiently acted on the mind of the victim.
(1) the relative ages of the parties
(2) their respective physiques
(3) their appearance
(4) Their demeanour
(5) What was said and done
(6) Manner and setting

Question 43

For the offence of Robbery, what is the important factor:
(1) is it the degree of fear generated in the victim, or
(2) The intent of the offender to cause fear, or his foreknowledge that his actions and appearance could generate the fear.

Answer 43

(2). The actions and knowledge of the defendant
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 and nerves of the person threatened. are the critical element.

Pacholko