SHORT ANSWERS - MOCK 1 Flashcards
In R v Tihi the Court held that there is a two - fold test that the Prosecution must satisfy in order to prove an offence against Section 191 - Crimes Act 1961 (Aggravated Wounding/Injury)
What is the two-fold test the Prosecution must satisfy?
1) The Defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a)(b) or (c) of Crimes Act 1961
AND
2) He or she intended to cause the specified harm or was reckless as to that risk.
Section 198 Crimes Act 1961 - Discharging use of a firearm or doing dangerous act with intent, includes offences where an “injurious substance or device” is used.
Explain the term “Injurious substance or device” and provide an example.
The term “Injurious substance or device” covers a range of things capable of causing harm to a person.
Ex) Posting a letter containing anthrax powder to a political target; Boiling water has been held to be a “destructive” substance.
There are 3 investigative approach options for Migrant Smuggling and People Trafficking investigations?
List and briefly explain each of the three investigative responses?
Reactive Investigations:
Victim led victim or someone has approached Police
Proactive Investigations:
Police led, combination of investigating techniques and intel in identifying offenders.
Disruptive Investigations:
In the circumstance immediate action due to the risk of the Victim and there is no time for the reactive and proactive approached.
Under Section 188 - Crimes Act 1961, subsections (1) and (2) both relate o actions that result in wounding, maiming, disfiguring or grievous bodily harm to the victim. So the outcome is the same; the distinction between the two subsections is the offender’s intent.
Explain the difference between subsections (1) and (2) in relation to intent?
Subsection (1)
The offender intends to cause GBH
Subsection (2)
The offender intends only to injure the victim, although the actual outcome is a greater degree of harm than he anticipated
Subsection (2) also allows for an alternative mens rea element involving “reckless disregard for the safety of others”
The offence of Wounding with Intent specifies the outcome that may occur as a result of the offenders’ actions. One of these outcomes is a “Wound”.
What was held in R v Waters regarding a wound?
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of skin will be normally evidenced by a flow of blood and, in its occurrence at the site of a blow of impact, the wound will more often than not be external.
Section 188 - Crimes Act 1961 identifies four outcomes that can occur as a result of the Defendants actions.
Define:
a) GBH
b) Wounds
c) Maims
d) Disfigures
GBH:
Harm that is really serious
Wounds:
Breakage of skin, flow of blood either internal or external
Maims:
Deprive the victim of the use of a limp or use of sense, need to be some degree of permanence
Disfigures:
Deform, deface, alter figure of appearance of a person
In Section 191(1) and (2) - Crimes Act 1961 the offending is aggravated as the offender causes a victim harm during the commission of an imprisonable offence.
Both subsections require proof that the harm was done for one of three specified intents.
Outline the three specified intents.
a) Intent to commit or facilitate the commission of any imprisonable offence.
b) intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence.
c) intent to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
In Section 198B(1)(b) - Crimes Act 1961, there is a requirement that the defendant “has a firearm with him”
Explain what this term mean?
There must be evidence that the defendant not only had possession, in the sense that he/she knowingly had custody or control of a firearm, but also that it was at the time available and at hand for him or her to use while committing the imprisonable offence.
Robbery is found in Section 234(1) - Crimes Act 1961.
Identify the elements for Robbery?
Theft
Accompanied by Violence or accompanied by threats of Violence
To any person
Used to extort property stolen or prevent or overcome resistance to it being stolen
Section 237(1) - Crimes Act 1961 relates to the offence of Blackmail. Section 237(2) provides a statutory defence to the offence.
Explain the statutory defence?
A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under Section 237(1) unless the threat is, in the circumstances, is made to effect his/her purpose.
In the matter of R v Taisalika, the defendant crashed a party and, in an unprovoked attack, struck another partygoer on the side of the head with a glass with shattered, causing a serious gash to the victim’s head and face. The Court subsequently discussed the issue of intent and intoxication.
What was held in R v Taisalika regarding intent and intoxication?
Nature of the blow, gash produced points strongly the presence of necessary intent.
The offender believed that he was too intoxicated, and there was no intent.
