010 - Violence Flashcards
Liability: wounding with intent to GBH?
188(1)
- with Intent to cause GBH to anyone
- WMD, wounds maims disfigures or causes GBH
- to any person
Liability: wounding with intent to injure?
188(2)
-with Intent injure/reckless disregard
- WMD, wounds maims disfigures or causes GBH
- to any person
What is intent?
Am intention to commit the act (deliberate act) and intention to get a specific result
Case law: R v COLLISTER
Intent can be inferred from the circumstances
- words/actions before during or after the offence
- Surrounding circumstances
- nature of the act itself
What circumstantial evidences eve may assist to prove intent?
(Re assaults)
- prior threats
- premeditation
- weapon use (brought opportunistic)
- number of blows
- degree of force
- body parts hit
- helplessness of victim
Case law: R v TAISALIKA
“Nature blow and gash”
The nature of the blow and gash it produced point strongly to the necessary intent
Case law: DPP v SMITH
DDP - fucked up GBH
Bodily harm needs no explanation and grievous means no more and no less than really serious
Can bodily harm include psychiatric injury?
May include psychiatric injury but does not include mere emotions such as fear distress or panic
Injury should amount to an identifiable
“Owen v residential health management unit”
Case Law: R v WATERS?
Water = wound
Break in the continuity of the skin as evidence by the flow of blood may be internal
Maiming?
Mutilating, crippling or disabling a body part so as to deprive the victim of the use of a limb or a sense with some degree of permanence
Disfigure?
To deform or deface or mar and alter the figure of a person. Need not be permanent
CASE LAW: R v RAPANA AND MURRAY
“RAPANA aka ROPATA DISFIGURE”
Disfigure covers not only permanent damage but also temporary damage
Doctrine of transferred malice?
Not necessary person harmed is victim. harm intended for one and accidentally inflicted on another the offender is still criminally liable
Sec 2 - To injure
Means to cause actual bodily harm
Case law : R MCARTHUR
McArthur-ahhhh the sword hurt me
Bodily harm includes any hurt or injury that interferes with the health/comfort of victim and more than trifling
Define acting recklessly?
Consciously and deliberately taking an unjustifiable risk
2 stage subjective and objective test of recklessness under CAMERON v R?
Subjectively:
actions bring proscribed result
AND
Objectively:
actions objectively unreasonable
Under recklessness is it necessary to recognise the extent of the injury at risk?
No, only foresaw the risk of injury, not necessary to recognise the extent of the injury that actually resulted
Liability: injuring with intent to GBH
189(1)
- with intent to cause GBH to anyone
- injured
- another person
Liability: Injuring with intent to injure
189(2)
- with intent to injure anyone/reckless disregard
- injured
- Any person
Liability: aggravated wounding
191(1) a-b-c
1- with intent to
2- commit/facilitate imprisonable offence OR
Avoid detection of himself/any person in commission of imprisonable offence OR
Avoid arrest or facilitate flight of himself or other upon commission or attempt of imprisonable offence
3- WMD GBH any person
OR stupefies or renders any person unconscious OR
By any violent means renders any person incapable of resistance
Liability: Aggravated injuring
191(2) a-b-c
1- with intent to
2- commit/facilitate imprisonable offence OR
Avoid detection of himself/any person in commission of imprisonable offence OR
Avoid arrest or facilitate flight of himself or other upon commission or attempt of imprisonable offence
3- Injures any person
Case law: R v TIHI
“ Tee hee hee, Aggravated intent”
In addition to a specific intent from paragraph a, b or c the offender meant to cause the specified harm or was reckless to that risk
What does facilitate mean in terms of one of the elements in an aggravated wounding charge?
To make possible or to make easier
Case law: R v WATI
“Waati - whatever prove the crime”
Must be proof of crime or attempt by person committing assault or by person whose arrest or flight they intend to facilitate
What does the term
Violent means include in an aggravated wounding charge?
It may include the threats of violence
Liability: aggravated assault
192 (1) a-b-c
1- assaults another person with intent to
2-
commit/facilitate imprisonable offence OR
Avoid detection of himself/any person in commission of imprisonable offence
OR
Avoid arrest or facilitate flight of himself or other upon commission or attempt of imprisonable offence
Liability: discharge firearm with intent GBH
198 (1)(a)
- with intent to GBH
- discharges any firearm/airgun/similar weapon
- at any person
Case law: R v PEKEPO
“Pew pew intent” 198(1)(a)
A reckless discharge of a firearm in a general direction of a passer by who gets hit is not sufficient an intention to shoot that person must be established
Define a firearm?
Anything from which a shot/bullet/missile/projectile can be discharged by force of explosive. Includes anything capable by adaption, replacement or repair, a dismantled firearm or dangerous airgun
Define an air gun?
Any air rifle or pistol or any weapon which by use of gas/compressed air any shot or bullet or projectile can be discharged
Sec 2- Define property?
Includes any real or personal property
Liability: Using firearm (any manna) against law enforcement officer
198A(1)
1- uses any FA any manner whatever
2- against any constable
3- acting in course of duty
4- knowing that OR being reckless person is a constable
Liability: Uses firearm (any manna) against law enforcement officer - Resists
198A(2)
1- uses any FA any manner whatever
2- with intent resist lawful arrest/detention of himself or other person
Uses in any manner whatever
handling/manipulating to convey implied threat of further use
Case law: R v SWAIN
“Swain Swing a shotty”
removing a sawn off shotgun from bag after confronted by police is a use of FA
Re any manner whatever what is contemplated?
A situation short of actually firing the weapon but includes presenting
Section 198A - Acting in the course of duty meaning?
Includes every lawful acts constable does while on duty and include acts done from professional obligation off duty.
Case law: FISHER v R
Fisher- Matt fisher knows we outside to arrest him -198A(2)
Necessary to prove that the accused knew someone was attempting to arrest or detain him otherwise mens rea of intent to resist arrest fails
Liability: commission of an imprisonable offence with a firearm
198B(1)(a)
1- in committing any imprisonable offence
2- uses any firearm
Liability: commission of imprisonable offence with firearm (Prima facie intent)
198B(1)(b)
1- while committing any imprisonable offence
2- has any FA with him
3- circumstances Prima facie show intention to use it in connection with that imprisonable offence
Has with him - expand the mens rea of this
(Firearms related)
Knowingly has firearm with him
Re a firearm define physical element of possession?
Physics custody or control over the item.
Actual and potential possession
Define actual and potential possession?
Actual= thing in persons physical custody/control
Potential= potential to have the thing in their control
Prima facie?
At first appearance OR
Sufficient to establish intent in absence to contrary