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CIK100 > Serious Assaults, Robbery and Family Violence > Flashcards

Serious Assaults, Robbery and Family Violence Flashcards

1
Q

Serious Assaults vary in?

A

Degree and Nature

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2
Q

To determine the appropriate charge, a serious assault investigation will focus on establishing what two things?

A
  • The intent of the offender

- The degree of harm suffered by the victim

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3
Q

The law allows for two main types of assault charges, filed under what legislation?

A
  • Summary Offences Act 1981, minor assaults

- Crimes Act 1961, more serious assaults

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4
Q

Define an act or gesture

A

Usually a physical movement is necessary for a threat to constitute an assault. In most cases the movement is accompanied by words and the combination proves the suspects intent. However, physical contact is not necessary for a threat to constitute assault.

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5
Q

Define any person

A

Any person is not confined to the intended victim. a suspect who intends to harm one person but in fact harms another may still be guilty of assault. R v Monger

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6
Q

Define Applying force

A

Applying force means hitting, with or without an object; kicking , punching, holding or touching. The force may be minimal

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7
Q

What is the definition of assault?

A
  • The act of applying or attempting to apply force to the person of another, directly or indirectly OR
  • threatening by any act or gesture to apply such force to the person of another, if person making the threat has, or causes the other to believe on reasonable grounds that he or she has present ability to effect his or her purpose and
  • to assault has a corresponding meaning.
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8
Q

Define directly or indirectly?

A

Assault occurs if the suspect intends that force be applied to another and does something that causes this to occur.

Indirectly- is where force is not applied directly to the victim and includes and intentional action which misses the intended target but strikes and unintended person.

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9
Q

Define disfigures

A

Disfigurement consists of external injury that mars or alters a person appearance. The damage need not be permanent

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10
Q

What is the doctrine of transferred malice?

A

If the defendant has a mens rea of a particular crime, carries out the actus reus of the same crime, he is guilty even though the result may be unintended. i.e. if the victim differs from the one intended.

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11
Q

Give an example of the doctrine of transferred malice

A

The accused assaulted another man with his belt but in addition to striking the intended victim, the belt struck a woman standing nearby. Although there was not intention against the woman, the accused was convicted of assault on both parties

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12
Q

Define firearm

A

Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and includes:

  • anything that has been adapted so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive
  • anything which is not for the time being capable of discharging a shot
  • anything which is for the time being dismantled or partially dismantled and
  • any specially dangerous airgun
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13
Q

Define grevious bodily harm

A

GBH means harm that is really serious or really seriously hurts

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14
Q

Give and example of GBH

A

If an offender stabs a victim and the knife penetrates a vital organ. on the other hand if the knife misses vital organs and only penetrates tissue, this would be more in keeping with Injury.

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15
Q

Define Injures

A

Means to cause actual bodily harm

  • does not require proof of physical harm, may include hysterical or nervous condition
  • any hurt or injury calculated to interfere with the health and comfort of the victim
  • may relate to an impaired state of mind- this must be psychiatric injury
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16
Q

How can intent be proved?

A
  • Circumstantial evidence. The suspects actions and/ or words before, during and after the event
  • the circumstances and nature of the offence. For example the suspect had a baseball bat in a situation where it would not be normal to have one. it could be suggested the bat was bought as a weapon
  • the suspects explanation. if there is no explanation, what can be inferred from the suspect intended as the natural consequences of their actions
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17
Q

Define Maims

A

to cause serious bodily injury; for example the loss of the use of an essential body part, such as an eye or arm. there must be permanent weakness or loss.

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18
Q

A person is reckless if?

A

a person is reckless if they foresee that a course of action could well have dangerous consequences, but intends to continue regardless of the risk

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19
Q

What is meant by render any person incapable of resistance?

A

whether a threat or capable of being violent means, renders the person incapable of resisting. This is a question of fact and depends on jury’s assessment.

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20
Q

What is the meaning of stupefied?

A

To cause an effect on the mind or nervous system of a person, which seriously interferes with that persons mental or physical ability

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21
Q

What is meant by violent means?

A

example= aggravated wounding. It is not limited to physical violence, but includes a threat of violence. Whether a threat is capable of being violent means depends on the circumstances

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22
Q

Define Wounds?

A

A person is wounded if the skin is broken, or there is an internal injury caused by, for example, a kick.

  • more than a minimal flow of blood is required
  • external wounds might include, a stab wound, or scalp lacerations
  • internal organ that has been split as a result if kicks, would be an internal wound
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23
Q

What are the elements of aggravated assault?

A

S192(1) Crimes Act 1961

  1. Prove identity of offender and they, with intent to:
    - commit or facilitate the commission of any imprisonable offence, OR
    - avoid detection of self/ another in commission of any imprisonable offence, OR
    - avoid arrest or facilitate flight or self/ another upon commission or attempted commission of any imprisonable offence
    - assaulted any other person
  2. you must prove the intent
    - in relation to commission or attempted commission of imprisonable offence and
    - the assault.
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24
Q

What are the elements of aggravated wounding?

A

s191(1)

  1. Prove identity of offender and they, with intent to:
    - commit or facilitate the commission of any imprisonable offence, OR
    - avoid detection of self/ another in commission of any imprisonable offence, OR
    - avoid arrest or facilitate flight or self/ another upon commission or attempted commission of any imprisonable offence
    - wounded, maimed, disfigured or causes GBH to any person OR
    - Stupefies a person OR
    - Renders a person unconscious OR
    - by any violent means renders any person incapable of resistance
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25
Q

What are the elements of aggravated Injury?

A

S191(2)
1. Prove identity of offender and they, with intent to:
- commit or facilitate the commission of any imprisonable offence, OR
- avoid detection of self/ another in commission of any imprisonable offence, OR
- avoid arrest or facilitate flight or self/ another upon commission or attempted commission of any imprisonable offence
- Injured any person
Note: you must show the person intended to injure as well as commit the offence

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26
Q

What are the elements of MAF?

A

S194(b)

1. You must prove the identity of the suspect and that he assault a female

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27
Q

What are the elements for assault on a child?

A

S194(a)

1. You must prove the identity of the suspect and that they assaulted a child under the age of 14 years

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28
Q

What are the elements for assault on Police, traffic or prison officer?

A

SOA 1981

  1. you must prove identity of the suspect and that they assaulted any;
    - police constable or
    - traffic officer or
    - correctional officer
  2. Who was acting in the execution of their duty
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29
Q

What are the elements of assault with a weapon?

A

S202C

  1. you must prove the identity of the suspect and that they
    - in assaulting any person
    - used any thing as a weapon OR
  • While assaulting any person
  • had any thing with them
  • In circumstances that prima facie showed an intention to use it as a weapon
30
Q

What are the elements of assault with intent to injure?

A
  1. You must prove identity of the suspect and that they:
    - with intent to cause actual bodily harm
    - assaulted any person
31
Q

What are the elements of common assault?

A
  1. You must prove identity of the suspect and that they:

- assaulted any person

32
Q

What are the elements of Ill treatment or neglect of child or vulnerable adult?

A
  1. You must prove the identity of the suspect and that they are a person who:
    - has actual care or charge of the victim OR
    - is a staff member of any hospital, institution, or residence where the victim resides

Intentionally:

  • engaged in conduct that, or
  • omits to discharge, or perform any legal duty, the omission of which,
  • is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult,
  • if the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person
33
Q

What are the elements for Failure to protect child or vulnerable adult?

A
  1. You must prove identity of the suspect and that they are:
    - a member of the same household as the victim OR
    - a person who is a staff member of any hospital, institution, or residence where the victim resides
  • had frequent contact with the child or vulnerable adult, knew the victim was at risk of death, GBH or sexual assault as a result of:
  • an unlawful act by another person OR
  • an omission by another person to discharge or perform legal duty if, in the circumstances that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies
  • fails to take reasonable steps to protect the victim from that risk
34
Q

What are the elements for disabling?

A

that they;

- wilfully and without lawful justification or excuse, stupefied or rendered unconscious any other person

35
Q

What are the elements of discharging a firearm or dangerous act with intent to cause grevious bodily harm?

A
  1. You must prove identity of the suspect and that they:
    With intent to cause GBH:
    - discharged any firearm, air gun or other similar weapon at any person,
    OR
    - sent or delivered to any person, or put in any place, any explosive OR injurious substance or device, OR
    - set fire to any property
36
Q

What are the elements of Injuring by unlawful act?

A
  1. you must prove identity of the suspect and that:
    - their act or omission
    - resulted in injury to any person
    - in circumstances that if death occurred it would have been manslaughter.
37
Q

What are the elements for injuring with intent to cause GBH?

A
  1. prove identity
    - with intent to cause GBH to anyone
    - injured any person
38
Q

What are the elements for injuring with intent to injure?

A
  1. prove identity
    - with intent to injure anyone or reckless disregard for the safety of others
    - injured any person
39
Q

What are the elements of Using a firearm against a law enforcement officer?

A
  1. prove identity
    - used a firearm
    - in any manner
    - against a constable, traffic officer, or prison officer acting in the execution of their duty
    - knowing or being reckless as to whether, that person is a constable, traffic officer or prison officer
40
Q

What are the elements of Using a firearm to resist arrest?

A
  1. prove identity
    - used a firearm
    - in any manner
    - with intent to resist lawful arrest or detention of themselves or any other person
41
Q

What are the elements of Commission of a crime with firearm?

A
  1. Prove ID and that they:
    - in committing any imprisonable offence, used any firearm or while committing any imprisonable offence has any firearm with them
    - in circumstances that prima facie show and intent to use it in connection with the imprisonable offence
42
Q

What are the elements of wounding with intent to cause GBH?

A
  1. Prove ID and that they
    - with intent to cause GBH to anyone
    - wounded or maimed or disfigured or caused GBH
    - to any person
43
Q

What are the elements for wounding with intent to injure?

A
  1. prove ID an that they:
    - with intent to injure anyone
    or having reckless disregard for the safety of others
    - wounded or maimed or disfigured or caused GBH
    - to any person
44
Q

What are the two types of culpability in relation to ‘injures’ assaults?

A

There are two distinctions between someone who:

  • acts intending to cause harm (intent) and
  • may not necessarily intend to cause harm but is aware of such risks and acts anyway (reckless disregard)
45
Q

Explain the defence of ‘consent’?

A

A person can consent to the application of force that causes harm. Short of serious bodily harm or death.

If there is evidence showing consent can be reasonably inferred, prosecution must prove consent was not given

46
Q

Explain ‘implied consent’?

A

People commit technical assault everyday (touching hands, kiss or hug).

  • The person doing the touching assumes the other person will consent.
  • a good example is contact sports
47
Q

Explain ‘Consent to harm’?

A

R v Lee- involved a death during an exorcism. The victim consented to the assault that occurred as part of the exorcism. Death was however an unintended outcome.

Consent is an answer when- there is neither intentional harm or recklessness and what occurs as a result is within the scope of consent.

48
Q

What is the definition of Robbery?

A

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

49
Q

What elements of robbery need to be proved?

A
  1. Theft, before turning to the second element,

2. use of violence or threats to facilitate crime.

50
Q

What is the meaning of ‘taking’ in relation to Robbery?

A

It does not include obtaining ownership or possession of with consent.

theft is committed by a taking, when the offender moves the property or causes it to be moved.

51
Q

What element needs to be proved to satisfy Possession?

A

A physical and a mental element.

  • the physical custody or control over the item in question can be actual or potential
  • mental is a combination if both knowledge that the person possesses the item, and an intention to possess the item
52
Q

Proof of possession requires?

A

Proof of both a physical element (the actus reus) and a mental element (the mens rea)

53
Q

Accompanied by Violence- what must the prosecution prove?

A

a connection between the violence or threats and the stealing of the property.
- the defendant not only had an intent to steal at the time the violence or threats were used, but that the violence ir threats were used to extort the property, or preventing or overcoming resistance to its being stolen.

54
Q

In the context of Robbery, violence must?

A

Involve more than a minimal degree of force and more than a technical assault, but need not inflict bodily injury.

55
Q

Explain the meaning of ‘threats of violence’.

A

A threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands.
- can be conveyed through conduct, demeanour or appearance

56
Q

Prosecution must prove the purpose of violence or threats to be?

A

That the purpose of violence or threats was to extort the property stolen, or to prevent or overcome resistance to the property being stolen.

57
Q

What is the meaning of ‘to extort?

A

It means to obtain by coercion or intimidation

58
Q

What are the meanings of ‘to prevent’ and ‘overcome’?

A

To prevent- to keep from happening

To overcome- to defeat, to prevail over.

59
Q

To prove a charge of Aggravated Robbery we must first establish?

A

That there was a Robbery and in addition, the circumstances included one of the aggravating features

60
Q

Name the Aggravating features?

A

a) At the time of, or immediately before or immediately after, the robbery, causes GBH to any person OR
b) being together with any other person or persons, robs any person OR
c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person

61
Q

Define GBH?

A

-Harm that is really serious
-Grevious refers to the degree of harm rather than nature.
It need not involve life threatening or permanent injury

62
Q

In relation to Aggravated Robbery, causes GBH to any person means?

A

The person suffering GBH need not be the person robbed.

63
Q

Explain ‘being together with any person’

A

The defendant was part of a joint enterprise- two or more people physically present
- they must share an intent to steal and play an active role in the Robbery
NOTE: physical proximity is important

64
Q

Explain a joint enterprise?

A

Mere presence during a Robbery, without active participation, is not sufficient.

65
Q

Explain the term being armed

A

Means that the defendant is carrying the item or has it available for immediate use as a weapon

66
Q

Define the term ‘offensive weapon’

A

Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use

67
Q

What are the 3 classes of offensive weapon?

A
  • Items made solely for the purpose of attacking or inflicting injury (Firearms, Swords, Knuckledusters)
  • Items that may otherwise have innocent purpose, but have been altered (Broken bottle)
  • Items intended to cause injury, anything capable of causing injury
68
Q

What are the elements of Assault with intent to Rob?

A

With intent to Rob any person;

  • causes GBH to that person or any other person OR
  • being armed with an offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person OR
  • being together with any other person or persons, assaults that person or any other person
69
Q

Assault with Intent to rob is essentially what?

A

An unsuccessful attempt at Aggravated Robbery, in that the theft element is not complete.
- however it still includes aggravating factors

70
Q

Explain ‘Intent’

A

The suspect meant for their action to have the outcome it did. Not sufficient that they merely thought it possible.
Proved by:
-Suspects Actions and /or words- before, during and after
- circumstances and nature of offence
-the suspects explanation

71
Q

What is the full definition of assault?

A

The act of intentionally applying force or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.

CIK100 (7 decks)

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