Violence - definitions/case law Flashcards
Learn the Ingredient definitions and related case law for Robbery and serious Assault offences.
Define - Theft
S.219(1) CA 1961;
Dishonestly and without claim of right, takes, any property with an intent to permanently deprive the owner of that property or any interest in that property.
(Theft is complete the moment the item is moved with the intent to steal it.)
Theft - Claim of right C.L
R v SKIVINGTON
Any defence of claim of right is a defence for robbery.
Theft - when is robbery complete C.L
R v LAPIER
Robbery is complete the instant the property is taken, momentary possession is sufficient.
Theft - Actual possession C.L
WARNER v METROPOLITAN POLICE COMMISSIONER
The elements of ideal possession are;
- Has complete physical control over the thing.
- Has knowledge of its existence, situation and qualities.
Theft - Constructive possession C.L
SULLIVAN v EARL OF CAITHNESS
talks about firearms - not in persons physical custody but has ready access to or control over.
Define - Violence
Force used must be more than a technical assault.
Violence C.L
PENEHA v POLICE
Actions of the defendant forcibly interfere with the personal freedom of victim or amount to a violent action or motion tending to cause bodily injury or discomfort.
Define - Threat of Violence
Threats must be such to cause a prudent person to part with their property against their will.
Threats of Violence C.L - Cap Robbery
R v BROUGHTON
Threat may be direct or indirect and by words or conduct or combination of both.
Accompanied by C.L
R v MAIHI a nexus (connection or link) between the act of stealing...and a threat of violence. Both must be present.
Define - Person
Gender neutral, proven by Judicial note or circumstantial evidence.
Define - Property
S.2 CA 1961;
Includes any real or personal property, or any estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right or interest.
Define - Extort
Obtain by IVF - intimidation, violence or force.
Hands the property over
Define - Prevent
To keep from happening.
Takes the property
Define - Overcome
To defeat, to prevail over, to get the better of in a conflict.
Define - At the time of
During the commission of the theft, at the time of taking with the required intent.
Define - Causes GBH
Person causes GBH if his actions make him criminally responsible for it.
GBH - C.L
DPP v SMITH
“Bodily Harm” needs no explanation and “Grievous” means no more and no less than “really serious”.
Define - GBH
Really serious harm.
Being together with C.L
Pink Panthers
R v JOYCE
Being together requires two people are physically present together, acting in the commission of the offence.
R v GALEY
Being together involves two or more persons having a common intention to use combined force to carry out the offence.
Define - Being together for Robbery
Joint enterprise by two or more persons who were physically present at the robbery
Define - Intent
A person does something intentionally if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.
General Intent C.L
R v MOHAN
Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.
R v WAAKA
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
Define - Assault
S.2 CA 1961;
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
Or threatening by any act or gesture to apply such force to the person of another,
If the person making the threat has or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.
Wounding with Intent C.L
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.
Define - Wounds
Broken skin or internal bleeding. Blood nose is insufficient - must be a stab, laceration or rupture.
Wounds C.L
R v WATERS
A wound is the breaking of the continuity of the skin with the flow of blood and can be internal and external.
Define - Maims
Will involve mutilating, crippling or disabling part of the body as to deprive the victim of the use of a limb or one of the senses. Must be permanent.
Define - Disfigures
To deform or deface, mar or alter a persons figure or personal appearance.
Disfigures C.L
RAPANA & MURRAY
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.
Define - Injure
S.2 CA 1961;
To injure means to cause actual bodily harm.
Injures C.L
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 no doubt, be more than merely transitory or trifling.
(Transitory; lasting a short time. Trifling; of little or no consequence)
Define - Reckless
A persons conscious and deliberate taking of an unjustifiable risk.
Recklessness C.L
R v HARNEY
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
Agg Wounding Intent C.L
R v TIHI
Offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it.
Define - Commit
To do, perform, perpetrate.
Define - Facilitate
To make easier or less difficult or assist progress.
Facilitate C.L
R v STURM
Not necessary for the prosecution to prove the intended crime was subsequently committed.
Define - Avoid Detection
to prevent from being caught in the act.
Define - Avoid arrest or Facilitate flight
Avoid capture / help escape.
Define - Imprisonable offence
Any offence punishable by a term of imprisonment.
Avoid arrest or Facilitate flight C.L
R v WATI
must be proof of the commission or attempted commission of a crime
Stupefies C.L
R v STURM
effect on mind or nervous system of a person, seriously interferes with that person’s mental or physical ability to hinder an intended crime.
Define - Render unconscious
To cause to be rendered unconscious. Must cause victim to lose consciousness.
Define - Violent means
Includes the application of force that physically incapacitates a person.
Incapable of Resistance C.L
R v CROSSMAN
a powerlessness of the will as well as a physical incapacity.
Define - Being Armed
Accused is carrying the item or has it available for immediate use as a weapon.
Define - Offensive Weapon
S.202A, CA 1961;
Any article made or altered for use for causing bodily injury, or intended by the person having it with them for such use.
Define - Instrument
any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.
Define - Anything appearing as such
It must be proved both that there appeared to be an offensive weapon or instrument to the victim and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.
Define claim of right
S2, CA1961
Means a belief at the time of a right of possession.
Define - Actual possession
Actual possession is where the property is in a person’s physical custody, it is on or about the person or immediately at hand.
Define - Accompanied by
The prosecution must prove:
Define - immediately before or after
Connection in time between the robbery and infliction of GBH
