Serious Assault and Robbery

Question 1

What are the two main types of assaults?

Answer 1

Minor and serious assaults.

Question 2

Define implied consent

Answer 2

Implied consent it ‘assumed consent’. Implied consent is everyday touches such as shaking hands or turning a cheek to receive a kiss/ The person doing the touching assumes the other person will consent.

Question 3

What is consent to harm?

Answer 3

Consent to harm is when you consent to assault or harm.

Question 4

Can you consent to death?

Answer 4

No, however you can consent to harm or assault and this may lead to death.

Question 5

Define robbery as per s234 of the Crimes act 1961.

Answer 5

Robbery is theft accompanied by violence or threats of violence to any person or property used to extort the property stolen or to prevent or voercome resistance to it being stolen.

Question 6

What is the maximum time of imprisonment for robbery?

Answer 6

10 years

Question 7

What is the esential element needed for robbery.

Answer 7

Theft and violence or threats of violence.

Question 8

Defind theft as per 219 of the Crimes act 1961

Answer 8

taking or moving property or causing property to be move with the intent to steal that property.

Question 9

Define possession.

Answer 9

Physical custody or control over the item, includes actual or potential possession.

Question 10

What is actual possesion? And what is potential possession?

Answer 10

Actual possession is having the item physically in your control. Potential possession is having the potential to have the item in their control i.e stored or accesable.

Question 11

In relation to possession what does mental relate to?

Answer 11

Knowledge a person possesses the item and therefore has the itention to possess the item.

Question 12

In relation to possession what is required for proof of possession?

Answer 12

Both the physical and mental elements have to both be met.

Question 13

Explain what accompanied by violence means in relation to robbery

Answer 13

Has the intent to steal something from someone at the time violence or threats of violence are used, to extort the property or prevent/overcome resistance to obtain that property.

Question 14

What degree of violence is sufficient in relation to robbery?

Answer 14

More than a minimal level of force and more than a technical assault but need not involve bodily injury.

Question 15

Define threats of violence.

Answer 15

A direct warning that violence will be used if the victim does not submit to demands.

Question 16

Other than verbally, what other ways can threats of violence be made?

Answer 16

Throught the Defendants conduct and demeanour or even appearance depending on cirucmstances.

Question 17

Explain, used to extort the property stolen.

Answer 17

Means that the purpose of the violence/threats was to extort the stolen property or prevent or overcome resistance to it being stolen.

Question 18

Define extort

Answer 18

Extort means to obtain by coercion or intimidation.

Question 19

Define prevent

Answer 19

Means to keep from happening

Question 20

Define overcome

Answer 20

Means to defeat or to prevail over - to get the better of.

Question 21

What other aspects does aggravated Robbery under s235 of the Crimes act 1961 have to have to become aggravated?

Answer 21

Robbery plus being together with any other person or armed with an offensive weapon.