INV105 Investigating Violent Offences

Question 1

Define ‘disfigures’.

Answer 1

External injury that mars or alters a person’s appearance. The injury or damage need not be permanent. Eg. cigarette burns.

Question 2

Define ‘grievous bodily harm’.

Answer 2

Really serious. Eg. stabbing which penetrates a vital organ. Proof of permanent injury not required. Includes some diseases such as HIV.

Question 3

Define ‘injury’.

Answer 3

Actual bodily harm.

Question 4

Define ‘maim’.

Answer 4

Cause serious bodily injury. Eg. loss of a limb. Must be permanent weakness.

Question 5

Define ‘wounds’.

Answer 5

The skin has been broken OR there is an internal injury. More than a flow of blood is required. Eg. Bleeding nose is not wounds.

Question 6

Aggravated assault requires the proof of two separate intents of the offender. What are they?

Answer 6

1. to commit or facilitate the commission of any imprisonable offence OR avoid detection of self/another in commission of OR avoid arrest or facilitate flight of self/another in commission of.
2. to assault.

Question 7

Assault with intent to rob (236(1)) requires proof of identity and that they…

Answer 7

• intended to rob any person
• caused GBH to them or any other person, OR
• being armed with any offensive weapon etc. and assaulted that person or another, OR
• being together with any other person/s, assaulted that person or another

Question 8

When considering whether a person has a close personal relationship with another person, the court must have regard to…

Answer 8

Nature and intensity of relationship
AND
duration of the relationship
NB: sexual relationship NOT required.

Question 9

Outline sections 39 and 42, CYPF Act.

Answer 9

39 - Enter, search and place in safe custody if RGTS child/young person has suffered or is likely to suffer ill-treatment, neglect, deprivation, abuse or harm.

42 - Enter, remove/detain if RGTB it is critically necessary to protect CYP from injury or death.

Question 10

Define ‘robbery’.

Answer 10

Theft, accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.

Question 11

What are the two classes of offensive weapon?

Answer 11

• made or altered for use for causing bodily injury
  OR
• capable of being used to cause bodily injury and which are in a person’s possession in circumstances which show a prima facie intention to use for that purpose

Question 12

Any assault that occurs subsequent to a theft is not robbery. Violence or threat used to discourage a complaint or to avoid being caught may be what offence?

Answer 12

Aggravated assault

Question 13

Would snatching a bag be robbery?

Answer 13

No. It needs to be more than a technical assault.

Question 14

Aggravated robbery with other persons requires proof that the suspect committed an act of robbery and was together with another person/s. What are the two elements of being together?

Answer 14

acting together (both with intent to rob) AND physically present together

Question 15

Can two or more persons be said to be “armed with” a single weapon?

Answer 15

Yes, if each has ready access to a significant degree of control over a single weapon.

Question 16

For Demanding with Intent to Steal, what must you prove, other than identity?

Answer 16

That they, without claim of right and by force or with any threat, compelled any person to execute, make, accept, endorse, alter, destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.

Question 17

In the offence Demanding with Intent to Steal, what does ‘by force or with any threat’ mean?

Answer 17

An actual threat by words or conduct. It’s not sufficient if there is fear without a threat.

Question 18

For Demanding with Menaces or Threat, what must you prove, other than identity?

Answer 18

That they, with menaces or by any threat, demanded any property from any persons with intent to steal it.

Question 19

In the offence Demanding with Menaces or Threat, when is the offence completed?

Answer 19

When the demand is made. Eg. when the letter is posted.

Question 20

In the offence Demanding with Menaces or Threat, does it have to be a threat of physical harm?

Answer 20

No, it includes all verbal or written threats.

Question 21

In the offence Demanding with Menaces or Threat, what happens if the victim is not intimidated or influenced?

Answer 21

It doesn’t matter, as long as the threats are of such a kind that they would intimidate or influence a person of ordinary courage.

Question 22

A person commits aggravated robbery if they:

Answer 22

• rob any person and at the time of or immediately before or after the robbery cause GBH to any person, OR
• being together with any other persons rob any person, OR
• being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument rob any other person

Question 23

Is a person committing aggravated robbery if they commit an act of robbery while pretending to possess an offensive weapon or instrument?

Answer 23

No. They have to be armed with an offensive weapon or instrument or have any thing appearing to be such a weapon or instrument.