violence 3 Flashcards
What are the factors that increase the charge from a robbery to being an aggravated robbery.
What are the factors that increase the charge from a robbery to being an aggravated robbery.
Aggravated Robbery
s235 CA61
a) Robs any person and at the time of or immediately before or immediately after causes GBH to any person,
b) Being together with any other person or persons robs any other person
c) Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument robs any other person
What must the prosecution prove against someone who abducts a young person. What must be proven Under Sec 210(2):
What must the prosecution prove against someone who abducts a young person What must be proven Under Sec 210(2):
- The Defendant received a YP under the age 16yrs.
- The receiving was deliberate and intentional.
- The YP was unlawfully Taken/Enticed/Detained from a Parent/Guardian/other person having lawful care or charge of him/her of the possession of him/her
- The Defendant received the YP with intent to Deprive a parent/Guardian/other person having lawful care or charge of him/her of the possession of him/her
What was held in R V Joyce
What was held in R V Joyce
The Crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
What was held in R V Taisalika.
What was held in R V Taisalika.
The nature of the blow and the gash which it produced on the complainants head, would point strongly to the presence of the necessary intent.
The ingredients for demanding with intent to steal S239(1).
The ingredients for demanding with intent to steal S239(1).
Without claim of right
By force or by any threats
Compels any person to execute, endorse, make alter accept or destroy any document capable of conferring pecuniary advantage with intent to obtain any benefit.
Assault with intent to rob - 236(1).
Assault with intent to rob - 236(1).
With intent to rob any person:
(a) Causes GBH to that person or any other person
or
(b) Being armed with 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
The two intents of Blackmail S237(1).
The two intents of Blackmail S237(1).
To cause the person against whom the threats are being made to act in accordance with the will of the person making the threats
To obtain benefit or cause loss to any other person
The doctrine of transferred malice and R v Hunt.
The doctrine of transferred malice and R v Hunt.
It is not necessary that the person suffering the harm was the intended victim.
Where harm intended for one person is accidentally inflicted on annother , he is still criminally responsible under the Doctrine of Transferred Malice, despite the wrong person being struck.
RvHunt - the defendant intended to stab the property owner, but accidentally wounded the man’s servant.
Define injurious substances and provide an example.
Define injurious substances and provide an example.
Injurious Substance - covers a range of things capable of causing harm to a person.
Anthrax is a dangerous substance that can kill a person, placing it into an envelope and sending it to a Political rival with the intention of harming them.
