Round 2 Flashcards
Examples of grievous bodily harm can be rendering a victim unconscious, serious psychiatric injury or infecting with diseases such as HIV. True or False?
True.
When determining whether self defence is a defence for an assault the first question we must consider is “what we’re the circumstances as the defendant believed them to be?”
True or False?
True. We must then consider “did the defendant use force for the purpose of defending himself or herself or another’s?
The lastly we must consider “Was the force used reasonable in those circumstances?”
A conditional threat placed on a subsequent action ie “don’t come any closer or I’ll stab you” still constitutes an assault. True or False?
True.
Grievous bodily harm can include an offender stabs a victim and the knife penetrates a vital organ however if just tissue is cut the this would be more in keeping with an injury.
True or False?
True.
People commit technical assaults every day when the touch, shake hands, kiss or hug.
Is implied consent a defence for assault?
Yes.
As a general rule people can consent to the application of force that causes harm short of serious harm or death.
True or false?
True.
What is the definition of Robbery?
Robbery is theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or prevent or overcome resistance to it being stolen.
In the terms of robbery can jostling a person to the extent they loose their balance be considered more than a technical assault and be enough to satisfy the “violence” element of robbery?
Yes.
The violence or threat must be used to “extort” the property stolen. Extortion implies an overbearing of the will of the victim. Therefore if the threats do not effect the victims will then there is no robbery. True or false?
True.
The use of force to escape attempted apprehension for the theft does not accompany the theft and therefore not sufficient to constitute robbery. True or False?
True.
To satisfy a charge of aggravated robbery “joint enterprise” what 3 elements must be present?
Two or more persons physically present at the robbery.
Share the intent to rob.
And must play apart in accomplishing the robbery.
Assault with intent to rob.. This offence is created for unsuccessful attempts at aggravated robbery. True or false?
True.
