Violence - CIB010 Flashcards
Billy and John are drinking in the skate park they see Simon with his skate board they approach him. Billy corner him and demands for his skate board or he will smash his sister sitting nearby. Simon tells Billy to fuck off John punches Simon in the face he falls to the ground. Simon gets up and takes off with his skate board Billy chases him down the road but doesn’t catch him.
Completed CL
Assault with intent to rob being together with
S236(1)(c) CA 61
1- With intent to rob any person
2- Being together with any other person
3- Assaults that person
Bill and Jane are in a defacto relationship Jane works at a café. Bill rocks up at the café because he thinks that she is being unfaithful. Bill yells at everyone to get out whilst throwing chairs around. Everyone evacuates and Janes tries to run out the door. Bill grabs her and locks the back door. Bill abuses and assaults Jane for about 30 mins in the café.
Complete a CL
Kidnapping S209(b) CA61 - Confine not imprisonment.
1- Unlawfully 2- Detains 3- Any person 4- Without consent 5- with intent to b- Cause to be confined
What is the statutory defence to a charge of blackmail under S237(2) CA 61?
- A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence unless the threat is a reasonable and proper means for effecting their purpose
Under S210A CA 61 state the statutory defence for kidnapping S209 and abduction S210 CA 61?
- A person who claims in good faith a right to the possession of a young person under 16 yrs cannot be convicted because they get possession of the young person
Explain what was held in R v Crossan in relation to offences relating to S191
R v Crossan
- Incapable of resistances includes the powerlessness of the will as well as the physical incapacity.
What 4 things must the prosecution prove against a person who abducts a young person under S210(2)? (Receiving)
S210(2) CA61-7 yrs
1-the accused received a person under the age of 16
2- the receiving was deliberate or intentional
3- the accused knew that the young person had been unlawfully taken, enticed away or detained from a person who had lawful possession of the young person
4- the accused intended to deprive that person with lawful care of possession of that young person.
Explain R v Donovan
R v Donovan
- Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than merely transitory or trifling.
Explain R v Maihi
R v Maihi
- There must be a connection or link between the act of stealing and the threat of violence. Both must be present however they need not be at the same time.
Explain claim of right plus the section
Claim of right - S2 CA 61
- In relation to act means a belief at the time of the act in a property or possessory right in property, in which the alleged offence has been committed. although that belief maybe based on ignorance or mistake of fact or any other matter of law other than against which the alleged offence has been committed.
What factors elevate the offence of robbery under S234 to Agg Rob S235?
a- At the time of immediately before or after causes GBH
b- Being together with any other person person robs any person
c- Being armed with any offensive weapon or instrument or anything appearing to be a weapon robs any person
John waits down the road as a look out while Bill runs in a shop and uses violence to steal smokes. Although they have acted jointly in the offending why is it not an Agg robbery by being together with?
- There must be prove that in committing the robbery the defendant was part of a joint enterprise with 2 or more people who were physically present at the robbery.
It this case they were not physically present at the time of robbery but are both guilty of robbery. Considered by R v Joyce
Can a finger up a jersey pretending to be a gun by defined as an instrument or an item appearing to be an offensive weapon?
- A thing does not include part of a person body. In R v Bentham the defendant broke into a house and put his hand under his jacket giving the impression he had a gun. The House of Lords held that the term anything did not include an unsevered hand.
The offence of abduction of a young person under 16 yrs S210 CA61 consists of what?
1- Unlawfully taking, enticing away or detaining a young person or
2- unlawfully receiving a young person and knowing that the YP was unlawfully taken, enticed away or detained and
3- intending to deprive the young persons parents, guardian or caregiver of possession of them.
Explain R v Forrest and Forrest?
R v Forrest and Forrest
- The best possible evidence should be produced when proving the victim age.
For a conviction under S210(1) CA61 Abduct of YP under 16 yrs the Crown must prove
S210(1) CA61-7 yrs
1- The defendant unlawfully took, enticed or detained a person under 16 yrs
2- It was intentional or deliberate
3- It was from a person who the defendant knew has lawful care of the YP.
4- It was done with intent to deprive that person of having lawful care of the YP.
What must be proven in relation to Blackmail under S237 CA61?
The ID of the offender and they threatened expressly or by implication
1- To make an accusation against any person (Living or dead).
2- To disclose something about that person
3- To cause serious damage to property or endanger the safety of any person
4- With intent to cause that person to act in accordance with the will of the person making that threat
5- and obtain any benefit or cause loss to any person
Define the offence of demanding with intent to steal S239(1) CA61?
S239(1) CA61 - 14yrs
- without claim, by force or with any threat
- Compels any person to make, execute, Destroy, endorse, alter
- Any document capable of conferring a pecuniary advantage
- with intent to obtain any advantage
Define the offence of demanding with intent to steal S239(2) CA61?
S239(2) CA61 - 7yrs
- With menace or by any threat
- Demands
- Any property
- from any person
- With intent to steal it
When does the offence of Assault with intent to rob occur?
When no property is taken but the offender has robbery as their intent
When is the offence of demanding with intent to steal completed?
When a threat is made with the necessary intent
The initial procedure for the investigating robbery varies with the stage at which the offence is reported. When may you be informed?
- Before the intended robbery
- During or after the incident
- After the offenders have left the scene
Priority should be given to the following areas when dealing with robbery
1- secure the safety of all members of the police and public
2- prevent the crime
3- contain the area of the offence
4- gather evidence from the scene and preserve it
5- establish and eliminate suspects
6- ID and locate the offender
7- search the offender and their property
8- establish if there is a case for prosecution and prepare the file.
Explain the doctrine of transferred malice?
- It is not necessary that the person suffering the harm was the intended victim. Where the offender mistakes the ID of the person injured or where intended harm is mistakenly inflicted on another person and not the intended victim, he is still criminally liable.
Explain R v Tihi? two fold test?
R v Tihi
- It must be shown the offender meant to cause specific harm or was reckless whether the actions undertaken were likely to expose others to risk suffering harm.