violence Flashcards
Define rendering incapable of resistance
The term violent means includes the application of force that physically incapacitate the victim, or in some circumstances the threats or violence.
What is the 2 fold test in TIHI
- The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs a, b or c) and
- He/she intended to cause thew specified harm, or was reckless as to that fact
Define stupefies and explain what happened in R v STRUM
To stupefies means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.
In R v STRUM, the defendant administered drugs to the victims to dull there senses and allow hims to sexually violate them. It was held that stupefies may also include circumstances where the administration of drugs has lead to dis-in-habitation and stimulated uncharacteristic behaviour
Explain the doctrine of transferred malice and R v HUNT
it is not necessary that the intended person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where the harm intended to one person is accidentally inflicted on another, he is criminally liable under the doctrine or transferred malice.
In R v HUNT, the defendant was caught while breaking into a stable by the owner and the owners servant. Hunt attempted to stab the owner with a knife, but instead, unintentionally cut the servant.
Define injurious substance and give an example
The term injurious substance or device covers a range of things capable of causing harm to a person, for example, a letter containing anthrax power that is mailed to a political target
What is wound under R v WATERS
a breaking of the skin would commonly regarded as a characteristic of a wound. The breaking of the skin will normally be evidence by the flow of blood and in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those casess where the bleeding which evidences the separation of the tissue may be internal.
Can a charge under 198A stand up if a police constable was trespassing at the time?
No, as one of the legal elements of this offence is ‘acting in the course of his duty”. A constable who is trespassing without legal justification is doing so unlawfully, and therefore, can not be said to be acting in the course of duty as the definition only covers lawful acts.
Jim tells Billy to give him his phone, or else he will punch him in the head. Billy hands of the the phone and runs away. What is Jim’s liability?
Robbery
GBH is not limited to immediate harm R v MWAI
I R v MWAI, the defendant faced multiple charges in relations to infecting 2 young women with HIV through unprotected sex It was provided that HIV was a disease that lead to AIDS and eventually death which was sufficient to establish grievous bodily harm. The curt held that s188 is not limited to immediate harmful consequence of the offenders actions.
All that is required for the Actus reas is an act causing GBH. The link between cause and effect is a physical one, not one of time. Consequences that are delayed are consequences nerveless.
Explain R v TAISALIKA in relation to intoxication and intent
The nature of the blow and the gash which it produced on the complaints head would point strongly toward the presence of the necessary intent
The defendant argued that he had been so intoxicated he could not remember the incident, therefore could not have had the necessary intent. The court held that the loss of memory of the post events is not the same as lack of intent at the time,.
In relation to serious assault cases, list the circumstantial evidence that may assist in proving the offenders intent
prior threats
evidence of premeditation
the use of a weapon
whether the weapon as used was opportunistic or purposely brought
the number of blows
the degree of force used
the body parts targeted by the offender
the degree of resistance or helplessness of the victim
What is the difference between s188(1) and s188 (2)
section 188(1) involves the victim being wounded by the offender, where the offender intended to cause a wound (GBH)
section 188(2) involves the victim being wounded b y the offender, where the offender only intended to cause injury
both offences have the same outcome, but with different intentions of the offender
Define GBH
Grievous Bodily Harm can be simply defined as harm that s really serious
define Wounds
A wound involves the breaking of the skin and the flowing of blood, internally or externally.
Define Maims
Maiming involved mutilation, crippling or disabling a part of the body so as to deprive the victim of a use of a limb or one of the senses.
Define disfigure
To disfigure is to deface or deform, to mar or alter the appearance or figure of a person
R v Rapana and Murray
The word disfigures covers not only permanent damage but also temporary damage
R v Joyce - together with
The crown must establish that at least 2 persons were physically present at the time the robbery was committed or the assault occurred.
The term together with requires that 2 or more people are actually present and acting together in the commission of the robbery
What is an accusation?
an accusation will normally refer to an allegation that the person is guilty of a criminal offending, whether or not formal charges have been filed. It is immaterial if the accusation is true or false, and the accusation does not need to relate to the person from who the demand is made
explain R v Skivington
Larceny or theft it an element of robbery, and if honest belief that a man has claim of right is a defence to larceny, then is negates one of the elements in the offence of robbery, without proof of which the full offence is not made out.
This case law outlines the necessity of fulfilling all elements of theft for a charge of robbery. Because the defendant genuinely believed that he had claim of right to the money, the offence of theft could not be fully established, as as theft is an element of robbery, the offence or robbery could not be fully established.
Circumstantial evidence surrounding proof of intent
The offenders actions and words before during and after the event
The surrounding circumstances
The nature of the act itself
Statutory defence of Blackmail
The statutory defence of blackmail is for the defendant to show they believed they were entitled to obtain the benefit or cause the loss, an objectively viewed the making of the threat was reasonable and proper means fr obtaining the benefit or causing loss.
What are the intents of blackmail
Intent to cause the person whom the threat is made to act in accordance with the will of the person making the threat
Intent to obtain any benefit or case loss
A man tells an old lady to give him the pin number to her bank account or else he will tell her family not to have anything to do with her any more. What is the offence
Demands with intent to steal s239
