To Study Violence Flashcards
Aggravated Assault (1) Act, Section, Elements
Aggravated Assault - Section 192(1) CA1961
Assaults any person
With intent to:
(a) Commit or facilitate the commission of any imprisonable offense; or
(b) Avoid detection of himself or any other person in the commission of any imprisonable offense; or
(c) Avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offense.
Aggravated Assault (2) Act, Section, Elements
Aggravated Assault Section 192(2) CA1961
- Assaults
- Any Constable or
- Any person acting in the aid of any Constable, or
- any person in the lawful execution of any process
- With intent to obstruct the person so assaulted in the execution of his duty.
Elements of Assault
- Intentionally applying 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, in circumstances where the victim believes the offender will be able to carry out the threat.
Peneha v Police
It is sufficient that the defendants’ act’s forcibly interfere with the personal freedom of the victim.
R v Wells
there is no requirement that the harm be inflicted on the victim of the robbery, it can include any other person present.
R v Mitchell
There may be occasions where property is handed over to a theif as a result of threats previously made that are still operating on the mind of the victim.
Assault with Intent to Rob - Name, Act, Section
Assault with Intent to Rob - 236 CA1961
- With intent to
- Rob
- Any person
(a) Causes grievous bodily harm to that person or any other person; or
(b) being armed wt any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person; or
(c) being together with any other person or persons, assaults that person or any other person.
Abduction of a Young Person Under 16 (1)
Section 210(1) CA 1961
- With intent to deprive a parent or guardian or other person having the lawful care or charge of a young person, of the possession of a young person
- Unlawfully
- Takes or entices or detains
- The young person
Abduction (Receives) of a young person under 16 - Act, section, elements
Abduction 210(2)
Receives
A young person
Knowing that he or she has been unlawfully taken away or enticed away or detained
with intent to deprive a parent or guardian or other person having the lawful care or charge or possession of him or her of the possession of him or her.
R v M
The crown must prove that the accused intended to take away or detain the complainant and that he or she knew that the complainant was not consenting.
Discharging Firearm with Intent Section 198(1)(a) CA 1961
Section 198(1)(a) CA 1961
- With intent to do GBH
- Discharges any Firearm, Airgun or other similar weapon
- At any person
Doing Dangerous Act with Intent Section 198(1)(b) CA 1961
Section 198(1)(b) CA 1961
- With intent to do GBH
- Sends any person or, delivers to any person or, puts in any place.
- Any explosive or injurious substance
Using any firearm against law enforcement officer, etc - Section 198A(1) CA 1961
Section 198A(1) CA 1961 - Uses any firearm in any manner whatever
- Against any, Constable, Traffic officer, prison officer
- Acting in the course of his or her duty
- Knowing that, or being reckless weather or not that the person is a constable, traffic officer, prison offer so acting.
Using any firearm against law enforcement officer, etc - Section 198A(2) CA 1961
Section 198A(2) CA 1961 - Uses any firearm in any manner whatever
- With intent to resist the lawful arrest or detention of himself, herself or any other person
R v Pekepo
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intent to shoot that person must be established.
Police v Parker
“Use in any manner whatever”, is to contemplate a situation short of actually firing the weapon and includes presenting the rifle too.