Violence SA Flashcards
What was found in R v TAISALIKA
The nature of the blow and the gash which it produced to the complainants head would point strongly to the presence of the necessary intent.
Taisalika argued unsuccessfully that he had been so intoxicated he could not remember the incident, therefore he could not have the necessary intent. The court held that loss of memory of past events is not the same as lack of intent at the time.
What is the difference between s188(1) and s188(2), wounding with intent?
The offenders intent
s191, name the three intents
- intent to commit or facilitate the commission of any imprisonable offence.
- intent to avoid detection of himself or any other person in the commission of any imprisonable offence.
- intent to avoid arrest or facilitate flight of himself or any other person in the commission or attempted commission of any imprisonable offence.
What was held in R v CROSSAN in relation to section 191?
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
The term violent means is not limited to physical violence and ,may include threats of violence depending on the circumstances.
198(1), Discharging a firearm with intent to do GBH sets out three offences. Name the three offences
Discharging any firearm, airgun or similar weapon at any person.
Send or delivers, or puts in any place, any explosive or injurious substance or device.
Sets fire to any property.
Does section 188 specify the manner in which the harm occurs?
No.
There is no reference to the use of violence and it is therefore not necessary to prove an assault in most cases.
What was held in R v SKIVINGTON?
Larceny or theft is an element of Robbery, and if the honest belief that a man has a claim of right is a defense to larceny, then it negates one of the elements in the offence of Robbery, without proof of which the full offence is not made out.
What factors elevate the offence of Robbery to Aggravated Robbery?
(a) At the time of immediately before or after “Caused GBH to any person”.
(b) Being together with any other person robs any person.
(c) Being armed with any offensive weapon or instrument or anything appearing to be such a weapon robs any person.
Define claim of right
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offense is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offense is alleged to have been committed.
John waits down the road as a lookout while Bill runs in and uses violence to steal cigarettes. Why is it not aggravated Robbery?
Being together with - There must be proof that, in committing the Robbery the defendant was part of a joint enterprise by two or more persons who were physically present at the time of the Robbery. In this case they were not physically present together at the time of the Robbery. They are both guilty of Robbery.
Can a finger up the jersey pretending to be a gun be defined as an instrument or an item appearing to be an offensive weapon?
Refer to case law.
A “thing” does not include a part of the persons body
In R v BENTHAM the defendant broke into a house where the victim was asleep in bed and put his hand under his jacket, pushing the material out to give the impression he had a gun. He threatened to shoot the victim, who handed over money as a consequence of the threat. The House of Lords held that the term “any thing” did not include the defendants unsevered hand.
In New Zealand following Williams v R the court confirmed R v BENTHAM.
A person using his finger to simulate a firearm is not armed with a thing and does not commit aggravated Robbery.
What was held in R v CROSSAN with regards to taking away and detaining?
Taking away and detaining are separate and distinct offences. The first consists of taking the [the victim] away; the second of detaining them.
The first offence was complete when the prisoner took the woman against her will. Then, having taken her away, he detained her against her will, and his conduct in detaining her constituted a new and different offence.
Define consent set out in R v COX
Consent must be fill, voluntary, free and informed…. freely and voluntarily given by a person in a position to form rational judgement.
List the three intents defined under kidnapping (section 209)
(a) With intent to hold him or her for ransom or to service.
(b) With intent to cause him or her to be imprisoned or confined
(c) With intent to cause him or her to be sent or taken out of New Zealand
For a conviction under s210(1) the Crown must prove what?
The defendant took, enticed or detained a person under 16 years;
- The taking, enticement or detention was deliberate or intentional;
- The taking, enticement or detention was from a person who had lawful care of the young person;
- The defendant knew the other person had lawful care of the young person;
- The taking, enticement or detention was ‘unlawful’ and
- It was done with intent to deprive a parent, guardian or other person having lawful care or charge of the young person of possession of that young person.
