Violence - definitions/case law

Question 1

Define - Theft

Answer 1

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.)

Question 2

Theft - Claim of right C.L

Answer 2

R v SKIVINGTON

Any defence of claim of right is a defence for robbery.

Question 3

Theft - when is robbery complete C.L

Answer 3

R v LAPIER

Robbery is complete the instant the property is taken, momentary possession is sufficient.

Question 4

Theft - Actual possession C.L

Answer 4

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.

Question 5

Theft - Constructive possession C.L

Answer 5

SULLIVAN v EARL OF CAITHNESS

talks about firearms - not in persons physical custody but has ready access to or control over.

Question 6

Define - Violence

Answer 6

Force used must be more than a technical assault.

Question 7

Violence C.L

Answer 7

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.

Question 8

Define - Threat of Violence

Answer 8

Threats must be such to cause a prudent person to part with their property against their will.

Question 9

Threats of Violence C.L - Cap Robbery

Answer 9

R v BROUGHTON

Threat may be direct or indirect and by words or conduct or combination of both.

Question 10

Accompanied by C.L

Answer 10

R v MAIHI
a nexus (connection or link) between the act of stealing...and a threat of violence. Both must be present.

Question 11

Define - Person

Answer 11

Gender neutral, proven by Judicial note or circumstantial evidence.

Question 12

Define - Property

Answer 12

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.

Question 13

Define - Extort

Answer 13

Obtain by IVF - intimidation, violence or force.

Hands the property over

Question 14

Define - Prevent

Answer 14

To keep from happening.

Takes the property

Question 15

Define - Overcome

Answer 15

To defeat, to prevail over, to get the better of in a conflict.

Question 16

Define - At the time of

Answer 16

During the commission of the theft, at the time of taking with the required intent.

Question 17

Define - Causes GBH

Answer 17

Person causes GBH if his actions make him criminally responsible for it.

Question 18

GBH - C.L

Answer 18

DPP v SMITH

“Bodily Harm” needs no explanation and “Grievous” means no more and no less than “really serious”.

Question 19

Define - GBH

Answer 19

Really serious harm.

Question 20

Being together with C.L

Pink Panthers

Answer 20

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.

Question 21

Define - Being together for Robbery

Answer 21

Joint enterprise by two or more persons who were physically present at the robbery

Question 22

Define - Intent

Answer 22

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.

Question 23

General Intent C.L

Answer 23

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”.

Question 24

Define - Assault

Answer 24

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.

Question 25

Wounding with Intent C.L

Answer 25

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.

Question 26

Define - Wounds

Answer 26

Broken skin or internal bleeding. Blood nose is insufficient - must be a stab, laceration or rupture.

Question 27

Wounds C.L

Answer 27

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.

Question 28

Define - Maims

Answer 28

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.

Question 29

Define - Disfigures

Answer 29

To deform or deface, mar or alter a persons figure or personal appearance.

Question 30

Disfigures C.L

Answer 30

RAPANA & MURRAY

The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.

Question 31

Define - Injure

Answer 31

S.2 CA 1961;

To injure means to cause actual bodily harm.

Question 32

Injures C.L

Answer 32

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)

Question 33

Define - Reckless

Answer 33

A persons conscious and deliberate taking of an unjustifiable risk.

Question 34

Recklessness C.L

Answer 34

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.

Question 35

Agg Wounding Intent C.L

Answer 35

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.

Question 36

Define - Commit

Answer 36

To do, perform, perpetrate.

Question 37

Define - Facilitate

Answer 37

To make easier or less difficult or assist progress.

Question 38

Facilitate C.L

Answer 38

R v STURM

Not necessary for the prosecution to prove the intended crime was subsequently committed.

Question 39

Define - Avoid Detection

Answer 39

to prevent from being caught in the act.

Question 40

Define - Avoid arrest or Facilitate flight

Answer 40

Avoid capture / help escape.

Question 41

Define - Imprisonable offence

Answer 41

Any offence punishable by a term of imprisonment.

Question 42

Avoid arrest or Facilitate flight C.L

Answer 42

R v WATI

must be proof of the commission or attempted commission of a crime

Question 43

Stupefies C.L

Answer 43

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.

Question 44

Define - Render unconscious

Answer 44

To cause to be rendered unconscious. Must cause victim to lose consciousness.

Question 45

Define - Violent means

Answer 45

Includes the application of force that physically incapacitates a person.

Question 46

Incapable of Resistance C.L

Answer 46

R v CROSSMAN

a powerlessness of the will as well as a physical incapacity.

Question 47

Define - Being Armed

Answer 47

Accused is carrying the item or has it available for immediate use as a weapon.

Question 48

Define - Offensive Weapon

Answer 48

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.

Question 49

Define - Instrument

Answer 49

any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

Question 50

Define - Anything appearing as such

Answer 50

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.

Question 51

Define claim of right

Answer 51

S2, CA1961

Means a belief at the time of a right of possession.

Question 52

Define - Actual possession

Answer 52

Actual possession is where the property is in a person’s physical custody, it is on or about the person or immediately at hand.

Question 53

Define - Accompanied by

Answer 53

The prosecution must prove:

Question 54

Define - immediately before or after

Answer 54

Connection in time between the robbery and infliction of GBH