Questions Flashcards
What was held in R V Taisalika regarding intent and intoxication?
The nature of the blow and the gash it produced point strongly to the presence of the necessary intent.
Loss of memory of a past event is not the same as lack of intent at the time of the offence.
Define GBH
DPP v Smith - harm that is very serious
Define wounds
R V Waters - breakage of the skin evidenced by the flow of blood. Can be internal or external.
Define maims
Mutilating, crippling or disabling part of the body, deprived the use of a limb or sense. Needs to be some form of permanence
Define disfigured
Rapana and Murray - can be Permanent or temporary damage.
Alter one’s appearance.
Define injures
Actual bodily harm - R V Donovan
What are the four points of claim of right
1) belief to possessory or proprietary right in the property.
2) belief must be about the right relating to the property of the offence relating to.
3) belief must be held at the time of the offending.
4) belief must actually be held by the defendant.
Three intents of Agg Wounding - 191
A) to commit or facilitate the commission of an imprisonable offence.
B) to avoid detection of himself or any other person in the commission of an imprisonable offence.
C) to avoid arrest or facilitate flight of himself or any other person upon the commission of an imprisonable offence.
R V Skivington
Theft is an ingredient of robbery and if the honest belief that a man has a claim of right is a defence.
It negates one of the elements of robbery, without proof the full offence is not made out.
A belief of a claim of right is a defence to robbery.
What is the doctrine of transferred malice
Not necessary that the person suffering the harm to be of the intended victim.
R V Hunt - malice against the person is not essential, general malice is sufficient.
Elements - using a firearm against law enforcement
198A(1)
- using a firearm in any matter whatever
- against a constable acting in the course of his/her duty.
- knowing or being reckless whether or not that person is a member of the police or so acting.
When is an offence under 198(1)(a) and 198(1)(b) carried out?
A) when the firearm is discharged at someone.
B) when the injurious device or explosive is sent, delivered, put in place.
- must have the ability to explode or cause injury.
Injurious device /substance example
Anthrax in the mailbox
Ingredients of robbery
- theft
- accompanied by violence OR threats of violence
- to any person
- used to extort the property stolen or to prevent or overcome resistance to the property being stolen.
What turns robbery into aggravated robbery?
- at the time, before during or after causes GBH to any person.
- being together with any other person or persons.
- being armed with any offensive weapon or instrument or anything appearing to be such weapon or instrument.
R V Lapier
Robbery is complete the instant the property is taken, even if momentarily
198(b) - having the firearm immediately available
Very close physical link and degree of immediate control of the weapon
Circumstantial evidence to support intent
1) prior threats
2) premeditation
3) use of a weapon
4) weapon purposely brought or opportunistically used
5) number of blows
6) degree of resistance
7) degree of force
8) body targeted
R V Waters
Breakage if the skin, evidenced by the flow of blood. Can be internal or external
R V Tihi
Two fold test -
1) intended to facilitate the commission of an imprisonable offence
2) defendant intended on causing specific harm or was reckless to the risk
Difference between 188(1) and 188(2)
1) the offender intends to cause GBH
2) offender intents to injure but the outcome was greater than expected
Difference between 188 and 189
Outcome of injuries and intent.
Blackmail section 237(2) defence
Claim of right - accused believes in an entitlement to benefit or cause loss and the threat is reasonable and proper means to bring about obtaining or causing loss.
Jury determines if means we’re reasonable and proper.
Migrant smuggling or people trafficking investigative approaches
1) reactive (victim lead)
2) proactive (police lead - attempt to ID and locate traffickers)
3) disruptive (immediate response given risk to victim - used when reactive and proactive are not suitable.
Secondary intent
Offender believes consequences can happen. Eg bomb a plane for insurance - secondary intent is people may die
