Short answers- C Flashcards
Define GBH,Wounds,maims,injuries
GBH- can be defined simply as harm that is really serious- DPP V Smith - Bodily harm needs no explanation and grievous means no more and no less than really serious
Wounds- A breaking of the skin would be commonly regarded as a characteric of a wound. The breaking of the skin will normally be evidenced by a flow of blood and, in its occurrence at the site of the blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.
Maims- will involve mutilating,crippling,or disabling a part of the body to deprive the victim of the use of a limb or one of the senses.. There needs to be a degree of permanence
Injures- means to cause actual bodily harm - Section 2 CA 61
Bodily harm includes any hurt or injury calculated to to interfere with the health or comfort of the victim… It need not be permanent,but must,no doubt,be more than merely transitory and trifling.
R V Donavan
What are the ingredients of using a firearm against a law enforcement officer
Uses any firearm in any manner whatever, against a constable, prison officer, traffic officer acting in the courses of his or her duty, knowing that or being reckless whether or not that person is a constable , prison officer, or traffic officer so acting.
What are the three factors that increase the charge from a robbery to being aggravated.
1/ Robs any person and at the time of or immediately before or immediately after the robbery causes GBH to any person OR
2/Being together with any other person/s robs any person OR
3/ Being armed with an offensive weapon or instrument or anything appearing to be such a weapon or instrument robs any person
What must the prosecution prove against someone who adducts a young person under Section 210(2) CA61
- The accused received a person under the age of 16 AND The receiving was intentional and deliberate ANDThe accused knew that the young person had been unlawfully taken, enticed away or detained by another , from a person who had lawful possession of the young person AND The accused intended by reason of the receiving to the deprive the person with lawful care of the possession of that young person.
