Violence Offences

Question 1

Assault

Answer 1

Intentionally applying or attempting to apply force
Directly or indirectly or threatening by act or gesture
If person has or causes the other to believe in reasonable grounds that he has present ability to effect his purpose

Question 2

To injure

Answer 2

Actually cause bodily harm.

A hurt or injury calculated to interfere with the health or comfort or victim. Internal or external.

Question 3

S188

Answer 3

Wounding with intent 
14yrs
Intent to GBH
Wounds, maims, disfigured or causes GBH
7yrs
With intent to injure or reckless disregard for safety of others 
Wounds, maims, disfigured or causes GBH

Question 4

S189

Answer 4

Injuring with intent 
10yrs
Intent to GBH
Injures any person 
5yrs
Intent to injure or reckless disregard of safety 
Injures any person

Question 5

S190

Answer 5

Injuring by unlawful act
3yrs
Injures any person in circumstances that of death caused
Would have been guilty of manslaughter

Question 6

S191

Answer 6

Aggravated wounding or injury
14yrs
A) Intent to commit of facilitate the commission of any IO
B) Avoid detection of himself or another in commission of IO
C) avoid arrest or facilitate flight of himself or another upon commission or attempted commission of IO

Wounds, maims, disfigured or causes GBH or by violent means renders incapable of resistance

7yrs
As as above but if injures any person

Question 7

S194

Answer 7

Assault on a child or by male on a female 
2yrs
Assaults any child under age of 14
Or 
Being a male, assaults any female

Question 8

S195

Answer 8

Ill-treatment or neglect of child or vulnerable adult
10yrs
Intentionally engages in conduct that, or omits to discharge or perform any legal duty, omission of which likely to cause suffering, injury, adverse effects to health or any mental disorder or disability to child or VP
Persons being:
Actual care or charge of victim
Staff member of hospital, institution or residence
Child is under 18 for this section

Question 9

S196

Answer 9

Common assault
1yr
Assaults any other person

Question 10

S198A

Answer 10

Using a firearm against law enforcement officer
14yrs
Any firearm
Any manner
Against any constable, traffic, prison officer acting in course of duty
Knowing or reckless
10yrs
Firearm in any manner
With intent to resist the lawful arrest or detention of self or another

Question 11

S202C

Answer 11

Assault with a weapon. 
5yrs
Assaults any person 
Anything as a weapon 
Or
While assaulting, has anything with them in circumstances that Prima Davie show an intention to use it as a weapon

Question 12

Doctrine of transferred malice

Answer 12

If defendant has a mens rea of a particular crime, carries out the actus reus of the same crime, he is guilty even though the result may be unintended
I.E man hits man with belt but it also hits female nearby

Question 13

Firearm

Answer 13

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosives
Includes
Adapted
Capable of by its completion or replacement of part

Question 14

GBH

Answer 14

Harm that is really serious or really seriously hurts. Includes some diseases and really serious psychiatric injury

Question 15

Maim

Answer 15

Cause serious bodily injury

Question 16

Manslaughter

Answer 16

Culpable homocide not amounting to murder

Question 17

Reckless

Answer 17

A conscious appreciation of the danger or risk of damage if they continue with the course of conduct but proceeds nevertheless

Question 18

Stupefied

Answer 18

Cause an effect on the mind or nervous system of a person which really interferes with that persons mental or physical ability

Question 19

Defence of consent

Answer 19

Person can consent to application of force that causes harm short of GBH or death
A genuine belief in consent is a defence

Question 20

Consent to harm

Answer 20

General rule is that consent is a complete answer where there was neither intentional harm nor recklessness on the part of the person applying the force and what occurred came within the scope of consent

Question 21

234 robbery

Answer 21

Theft of property 
Accompanied by violence
To any person or property 
Used to extort property or overcome resistance 
10yrs

Question 22

235 aggravated robbery

Answer 22

14yrs
Robbed and at time or immediately before or after the robbery caused GBH to any person
Or
Being with other person(s)
Or
Armed with weapon/instrument or anything having such appearance

Question 23

236(1) assault with intent to rob

Answer 23

14yrs
Intended to rob
Caused GBH 
Or 
Armed with OW/instrument or such appearance
Or 
Being together with another