Victimology Flashcards
Avenues of inquiry - answers and links
- Witness statement
- Medical reports
- Forensic evidence
- Statements from victim
- Video surveillance
- Interview of suspect
Sources of evidence
- Exhibits - everything that will prove offence
- Includes physical items at the scene such as
- Weapons, tools, clothing
- Biological samples
- Glass, paint, fibers, metal deposits, ect
- Fingerprints
- Surveillance recordings
Assault definition
Intentionally applying force to the person of another, directly or indirectly or attempting or threatening by gesture to apply such force to the person of another if the person making the attempt or threat has, or caused the other to believe on reasonable grounds that he has, present ability to effect his purpose, or the act of depriving another of his liberty
Agg assault definition
Assaults any person with intent to commit a crime or to resist or prevent the lawful apprehension or detainer of himself or of any other person.
An ‘aggravated’ assault is one of particular force or violence
Assault - Points of proof
- Intentionally
- Applying force
- Directly or indirectly
- Attempting
- Threatening by gesture
- Deprivation of liberty
Self defence definition
– A person is justified in using in the defence of himself or another person, such force as in the circumstances as he believes them to be, reasonable to use.
what are foreseeable consequences
Foreseeable consequences –
an action is said to have foreseeable consequences if it can be reasonably assumed that it will cause a certain effect
what is reasonable force and excessive force
Reasonable force – minimal and necessary, lawful and justifiable, WITHSTAND SCRUTINY.
Excessive force – any force when none is needed, more force than is needed, any force after the necessity for it.
what is agg assault
Aggravated Assault -
Any person who:
- Assaults any person with the intent to commit a crime, or to resist or prevent the lawful apprehension or detainer of himself or any other person; or
- Assaults, resists or wilfully obstructs any person in the lawful execution of any process against any lands or goods, or in the making of any lawful distress, or with intent to rescue any goods taken under such process or distress.
A person is guilty of a crime (aggravated assault) if during the course of an assault, the person carrying out the assault:
- Uses a firearm
- Threatens to use a firearm, whether or not the person was actually carrying a firearm; or
- Carrying a firearm
what is sexual intercourse
Sexual Intercourse
Sexual intercourse means:
(a) the penetration, to the least degree, of a person’s vagina, genitalia, anus or mouth by
- a penis; or
- by a body part of a person other than a penis; OR
- by an object held or manipulated by, or attached to, another person;
and includes the continuation of an act of penetration.
what is assault with indecent intent and indecent assault
Assault with Indecent Intent - (Police Offences Act)
- on top of the clothes
Indecent Assault - (Criminal Code)
- on the skin
what is rape
Rape
Section 185(1) of the Criminal Code
Any person who has sexual intercourse with another person without that person’s consent is guilty of a crime
what is Penetrative sexual abuse of a child or young person
Penetrative sexual abuse of a child or young person
Section 124(1) of the criminal code
Any person who has unlawful sexual intercourse with another person who is under the age of 17 years is guilty of a crime.
Defences:
- Accused believed on reasonable grounds that the other person was of or above the age of seventeen years.
Consent is only a defence if-
- Person: 15 years
- Accused: Not more than 5 years older or;
- Person: 12 years
- Accused: Not more than 3 years older.
what is consent
Consent
Means free agreement.
Consent is not freely given if the person does not say or so anything to communicate consent:
- a person does not ‘freely agree’ to an act if the person agrees or submits because of:
o force
o fear of force to them or another person
o threats of any kind
o the act of being unlawfully detained
o they’re overborn by the nature or position of the other person
o the fraud of the accused
- is reasonably mistaken about the nature or purpose of the act or identity of the accused
- is asleep, unconscious or so affected by alcohol or another drug and is unable to form a rational opinion
- is unable to understand the nature of the act
what is wounding
- Penetration
- Continuous free flow of blood
- Separation of the whole skin
- Epidermis/dermis (outer/inter) layer of skin
POA - reasonable grounds
