VIOLENCE 2

Question 1

List the three intents in Section 191 (1) (a)(b)(c) (Aggravated Wounding)

Answer 1

List the three intents in Section 191 (1) (a)(b)(c) (Aggravated Wounding)

a) With intent to commit or facilitate the commission of any `imprisonable offence
b) With intent to avoid detection of himself or any other person in the commission of any imprisonable offence.
c) With intent to avoid arrest or facilitate flight upon the commission or attempted commission of any imprisonable offence.

Question 2

What was held in R v Tihi? (Two fold test)

Answer 2

What was held in R v Tihi? (Two fold test)

In addition to one of the specific intentions outlined in paragraphs (a),(b),(c)

“It must also be shown that the offender either meant to cause the specified harm,

or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.”

Question 3

Definition of R v Waters.

Answer 3

Definition of R v Waters. – p16

A break to the skin evidence by a flow of blood from the site of the impact would normally be external but may also be internal.

Question 4

Name the five intents of black mail.

Answer 4

Name the five intents of black mail.
(s237, CA61)

• Make any accusation against any person (whether living or dead), or
• Disclose something about any person (whether living or dead), or
• Cause serious damage to property, or
• Endanger the safety of any person with intent to:

Cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and obtain any benefit

or

to cause loss to any other person.

Question 5

Section 198(1) Crimes act sets out three intents of Discharging a firearm with intent to cause GBH, what are they?

Answer 5

Section 198(1) Crimes act sets out three intents of Discharging a firearm or Doing a Dangerous Act with intent?

With intent to do GBH,

(a) Discharges any firearm, airgun or similar weapon at any person

OR

(b) Sends or delivers to any person or puts in any place any, explosive or injurious substance or device

OR

(c) Sets fire to property

Question 6

Define - GBH, Wounds, Maims Disfigures.

Answer 6

Define - GBH, Wounds, Maims Disfigures.

GBH - is harm that is really serious

Wounds - is a breaking of the skin evidenced by a flow of blood at the site of the blow or impact either external or internal.

Maims - Involves mutilating, crippling or disabling a part of the body as to deprive the victim of the use of a limb or of one of the senses.

Disfigures - To deform or deface; to mar or alter the figure or appearance of the person.

Question 7

What was held in R V Lapier? (Robbery)

Answer 7

What was held in R V Lapier? (Robbery)

The robbery is complete the instant the property is taken, even if possession by the thief is only momentary.

Question 8

Ingredients of using a firearm against a law enforcement officer. (s198A CA61)

Answer 8

Ingredients of using a firearm against a law enforcement officer.

Section 198A(1) CA 1961

Uses any firearm

in any manner whatsoever

Against any Constable

acting in the course of his duty

Knowing that or being reckless

as to whether that person is a constable so acting.

Question 9

Example of a non-immediate harmful consequence

and support answer with case law.

Answer 9

Example of a non-immediate harmful consequence
and support answer with case law.

A person who is HIV positive deliberately infects another person.

RvMwai
Expert medical evidence adduced at the time, that HIV follows “a steady relentless progression” that leads to AIDS and then inevitably to death was sufficient to establish that the defendant had caused GBH.