Questions

Question 1

What was held in R V Taisalika regarding intent and intoxication?

Answer 1

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.

Question 2

Define GBH

Answer 2

DPP v Smith - harm that is very serious

Question 3

Define wounds

Answer 3

R V Waters - breakage of the skin evidenced by the flow of blood. Can be internal or external.

Question 4

Define maims

Answer 4

Mutilating, crippling or disabling part of the body, deprived the use of a limb or sense. Needs to be some form of permanence

Question 5

Define disfigured

Answer 5

Rapana and Murray - can be Permanent or temporary damage.

Alter one’s appearance.

Question 6

Define injures

Answer 6

Actual bodily harm - R V Donovan

Question 7

What are the four points of claim of right

Answer 7

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.

Question 8

Three intents of Agg Wounding - 191

Answer 8

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.

Question 9

R V Skivington

Answer 9

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.

Question 10

What is the doctrine of transferred malice

Answer 10

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.

Question 11

Elements - using a firearm against law enforcement

Answer 11

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.

Question 12

When is an offence under 198(1)(a) and 198(1)(b) carried out?

Answer 12

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.

Question 13

Injurious device /substance example

Answer 13

Anthrax in the mailbox

Question 14

Ingredients of robbery

Answer 14

• 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.

Question 15

What turns robbery into aggravated robbery?

Answer 15

• 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.

Question 16

R V Lapier

Answer 16

Robbery is complete the instant the property is taken, even if momentarily

Question 17

198(b) - having the firearm immediately available

Answer 17

Very close physical link and degree of immediate control of the weapon

Question 18

Circumstantial evidence to support intent

Answer 18

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

Question 19

R V Waters

Answer 19

Breakage if the skin, evidenced by the flow of blood. Can be internal or external

Question 20

R V Tihi

Answer 20

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

Question 21

Difference between 188(1) and 188(2)

Answer 21

1) the offender intends to cause GBH
2) offender intents to injure but the outcome was greater than expected

Question 22

Difference between 188 and 189

Answer 22

Outcome of injuries and intent.

Question 23

Blackmail section 237(2) defence

Answer 23

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.

Question 24

Migrant smuggling or people trafficking investigative approaches

Answer 24

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.

Question 25

Secondary intent

Answer 25

Offender believes consequences can happen. Eg bomb a plane for insurance - secondary intent is people may die