2. Serious Assaults Flashcards
What offence does s188(1) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Wounding with intent [s188(1)]
- With intent to cause GBH
- To any person
- Wounds OR maims OR disfigures OR causes GBH
- To any person
14 years imprisonment
What offence does s188(2) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Wounding with intent [s188(2)]
- With intent to injure any person OR with reckless disregard for the safety of others
- Wounds OR maims OR disfigures OR causes GBH
- To any person.
7 years imprisonment.
What intent must be proven for a serious assaults charge?
Cite relevant case law
Intention to commit the act AND to get a specific result.
R v Collister - intent can be proven from circumstances
R v Taisalika - nature of the blow and gash produced strongly point to necessary intent
Define grievous bodily harm and cite relevant case law.
Really serious harm.
DPP v Smith.
Define “any person”.
Gender neutral term. Proved by judicial notice or circumstantial evidence.
Define “wounds”.
Cite relevant case law.
The breaking of the skin evidenced by flow of blood. May be internal or external.
R v Waters
Define “maims”
Depriving another of the use of his members.
Mutilate, cripple, or disable any body part or sense. Needs some form of permanence.
Define “disfigures”.
Cite relevant case law.
Deform or deface, mar or alter the figure or appearance.
Need not be permanent (R v Rapana and Murray).
Define “recklessness”.
Cite relevant case law.
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that:
(i) his/her actions would bring about a proscribed result; and/or
(ii) the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
Cameron v R (definition above)
R v Tipple (deliberate running of the risk).
What offence does s189(1) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Injuring with intent.
- With intent to cause GBH
- To any person
- Injures
- Any person
10 years imprisonment.
What offence does s189(2) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Injuring with intent
- With intent to injure any person OR with reckless disregard for the safety of others
- Injures
- Any person
5 years imprisonment
Define “Injures”
Cite relevant case law
Actual bodily harm (s2 Crimes Act 1961).
R v McArthur & R v Donovan
Bodily harm includes hurt or injury that interferes with health or comfort. Must be more than transitory or trifling.
What offence does s189A(1) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Strangulation and Suffication
- Intentionally OR recklessly
- Impeded the normal breathing OR blood circulation OR both
- of any person
- by blocking their nose, mouth or both, OR by applying pressure to their throat, neck or both.
7 years imprisonment
What offence does s191(1) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Aggravated wounding
- With intent:
a) to COMMIT OR FACILITATE the commission of any imprisonable offence; or
b) to AVOID THE DETECTION of himself or of any other person in the commission of any imprisonable offence; or
c) to AVOID THE ARREST or FACILITATE THE FLIGHT of himself or of any other person upon the commission or attempted commission of any imprisonable offence; and - Wounds OR maims OR disfigures OR causes GBH to any person OR stupefies OR renders unconscious any person OR by any violent means renders any person incapable of resistance.
14 years imprisonment
What offence does s191(2) Crimes Act 1961 relate to.
What are the elements of the offence.
What is the maximum term of imprisonment.
Aggravated wounding
- With intent:
a) to COMMIT OR FACILITATE the commission of any imprisonable offence; or
b) to AVOID THE DETECTION of himself or of any other person in the commission of any imprisonable offence; or
c) to AVOID THE ARREST or FACILITATE THE FLIGHT of himself or of any other person upon the commission or attempted commission of any imprisonable offence; and - Injures any person.
7 years imprisonment.
Case law
R v Taisalika
The nature or the blow and the gash produced point strongly to the necessary intent.
Case law
Cameron v R
Recklessness is established if:
a) there is a real possibility that actions would bring about the proscribed result, and
b) the proscribed circumstances existed, and
Having regard to those risks, the action taken was unreasonable.
Case law
R v Tipple
Conscious appreciation if the risk and a deliberate decision to run the risk.
Case law
R v Collister
Intent can be inferred from:
a) actions and words before/during/after the event
b) the surrounding circumstances
c) the nature of the act
Case law
R v McArthur
Bodily harm includes any hurt or injury that interferes with the health and comfort of the Victim. Must be more than transitory or trifling.
R v Donovan also relates to this notion.
Case law
DPP v Smith
Grievous bodily harm is defined as “really serious harm”
Case law
R v Waters
A wound is the breaking of skin evidenced by the flow of blood. Can be internal or external.
Case law
R v Rapana and Murray
“Disfigures” covers temporary and permanent damage.
Case law
R v Donovan
Bodily harm includes hurt or injury which interferes with the health or comfort of the Victim. Must be more than transitory or trifling.
Case law
R v Tihi
Two fold test in regards to aggravated wounding.
Must prove:
- s191(1) a,b, or c applies (defendant committed one), and
- intended to cause harm, or was reckless
Case law
R v Sturm (1)
Under s191(1)(a) - commit or facilitate the commission of an imprisonable offence - don’t need to prove the intended crime was committed.
Case law
R v Sturm (2)
Definition if stupefy.
To cause an effect of the mind or nervous system of the person, interferes with a person’s mental or physical ability to act (I.e. fight back)
Case law
R v Wati
Regarding s191(1)(c) - aggravated wounding
Must be proof of commission/attempt of offence by person committing assault, or by the person whose arrest or flight he intends to avoid/facilitate.
Case law
R v Crossan
“Incapable of resistance” includes physical incapacity, and powerlessness of the will/mind.
Explain the doctrine of transferred malice.
Cite relevant case law.
The person suffering the injury does not need to be the intended victim.
The assaulter is still liable for the offence.
Includes if the offender has mistaken ID, or from ineptitude.
R v Hunt - accidentally stabbed servant instead of property owner.
With regards to wounding, give examples of circumstantial evidence that may provide proof of the offenders intent
- Prior threats
- Evidence of premeditation
- Use of a weapon
- Whether weapon was used opportunistically or if purposefully brought.
- Number Of blows
- Degree of force
- Body parts targeted
- Degree of resistance/helplessness of the victim
Define “recklessly”.
Acting recklessly involves the conscious and deliberate taking of an unjustifiable risk.
Cameron v R
R v Tipple
Explain the “Cameron Test”
In regards to recklessness (Cameron v R).
Split into two parts:
- Subjective test - a “real possibility” means that something could well happen. The defendant does not need to consider the risk significant.
- Objective test - if no social utility (societal benefit) then likely to be unreasonable and reckless. Would a reasonable and prudent person do the same in those circumstances?
Case law
R v Hunt
Wounding, maiming, or disfiguration need not be grievous.
Also illustrates the Doctrine of Transferred Malice.
What does the term “grievous” mean?
It refers to the degree of harm, rather than the nature of how it was caused.
Case law:
R v Mwai
Grievous bodily harm will most commonly result from assault, but not always.
R v Mwai - spread AIDs through having unprotected, consentual sex with the Victims.
Does grievous bodily harm always involve an assault? Explain your reasoning and cite relevant case law.
No. Although GBH often involves an assault, it is not always caused by an assault.
R v Mwai - spread AIDs through having unprotected, consentual sex with the Victims.
How is an injury vs GBH
determined?
It is a matter of fact for
determination in each case.
Case law:
R v Chan-Fook
Regarding bodily harm
The body of the victim includes
all parts of his body including his
organs, nervous system, and brain,
Therefore bodily harm also
includes psychiatric injury
(Although must be more than just
emotions)
Define “renders unconscious”
To cause the victim to lose consciousness
