SHORT ANSWERS - MOCK 2 Flashcards
The concept of “taking property” is an element of Theft, and therefore a key element of Robbery.
What was held in R v Lapier regarding taking property?
Robbery is complete at the time property was taken, even if momentary.
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 that is capable of causing harm.
A letter containing anthrax mailed to a political member, boiling water has been considered a harmful substance.
In proving intent in serious assault cases additional circumstantial evidence may assist in the proving of an offender’s intent.
Provide 4 examples of what the circumstantial evidence may include:
- Prior threats
- Weapons used if weapons were brought or opportunistic at the time
- Number of blows
- Degree of force used
Under Section 188 - Crimes Act 1961, subsection (1) and (2) both relate to 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) & (2) in relation to intent?
- In subsection (1) the offenders intend to cause grievous bodily harm.
- In subsection (2) the offenders intend to injure the victim, but the degree of injure is than anticipated.
- Subsection (2) has the element of reckless disregard of safety of others.
The offence of Robbery can be found in Section 234(1) - Crimes Act 1961. The Court in R v Skivington discussed the defence of claim of right.
What was held in R v Skivington regarding a claim of right as a defence to Robbery?
Claim of right is a defence to Robbery.
Theft is an elect to the element to Robbery, if the person has the claim of right to the property and honestly thinks it’s there it negates the offence of Robbery.
Section 188 - Crimes Act 1961, identifies four outcomes that can occur as a result of the Defendant’s actions.
Define the following terms:
a) Grevious bodily harm - Harm that is really serious
b) Wounds - Breaking of the skin, flow of blood either internal or external
c) Maims - Deprive the victim of the use of a limp or of the sense, need some degree permanence
d) Disfigures - Deform, deface alter appearance of a person
Section 198A(1) - Crimes Act 1961 specifies using a firearm against a law enforcement officer. Section 198A(2) - Crimes Act 1961 specifies using a firearm against people other than law enforcement officers?
What are the elements of Section 198A(2) - Crimes Act 1961?
Using any firearm in any manner whatever
Intent to resist lawful arrest or detention
Him/herself or any other person
In Section 198B(1)(b) of the Crimes Act, there is a requirement that the Defendant “has a firearm with him”
Explain what this term means?
Having a firearm with him requires a very close physical link and degree of immediate control over the firearm.
Robbery is found in section 234(1) - Crimes Act 1961. Identify the key elements of Robbery?
Theft
Accompanied by violence or accompanied by threats of violence
To any person or any property
Used to extort any property Or prevent or overcome resistance of the property 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, the circumstances, a reasonable and proper means for effecting his/her purpose.
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?
The breaking of the skin is commonly regarded as characteristic of a wound.
The breaking of the skin normally is flow of blood at the site of the blow or impact.
The wound is more often than not be external.
