Assault Flashcards
Elements of wounding with intent (1)
Section 188(1)
With intent to cause GBH
To any person
Wounds/Maims/Disfigures/Causes GBH
To any person
Elements of wounding with intent (2)
Section 188(2)
With intent to injure OR With reckless disregard for the safety of others
Any person
Wounds/Maims/Disfigures/Causes GBH
To any person
Elements of injuring with intent (1)
Section 189(1)
With intent to cause GBH
To any person
Injures
Any person
Elements of injuring with intent (2)
Section 189(2)
With intent to injure OR With reckless disregard for the safety of others
Any person
Injures
Any person
Definition of intent
To do a deliberate act to get a specific result
Case law for intent
R v Collister
An offender’s intent may be inferred from:
- An offender’s action or words before, during or after the event.
- The surrounding circumstances.
- The nature of the act itself.
Case law for assault intent
R v Taisalika
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
Case law for GBH
DPP v Smith
Bodily harm needs no explanation, grevious means no more and no less than really serious.
Case law for wounds
R v Waters
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of skin would normally be evidenced by a flow of blood, at the site of the blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.
Definition of maiming
Depriving another of such of the use of one of his members, rendering him less capable in fighting, either to annoy his adversary or defend himself. Involves crippling, mutilating or disabling a part of the body. There must be some degree of permanence.
Definition of disfigure
To deform or deface; to mar or alter the appearance or figure of a person.
Case law for disfigure
R v Rapana and Murray
The word disfigure not only covers permanent damage but also temporary damage.
Doctrine of transferred malice
It is not necessary that the person suffering the harm was the intended victim. Where the harm intended for one person is accidentally inflicted on another, he is still criminally responsible.
Definition of injure
Means to cause actual bodily harm.
Case law for injure
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 be more than trifling and transitory.
Definition for reckless
Consciously and deliberately taking an unjustified risk.
Case law for recklessness
Cameron v R
Recklessness is established if:
The defendant recognised that there was a real possibility that:
- His or her actions would bring about a proscribed result and/or
- That the proscribed circumstances existed
Having regard to that risk those actions were unreasonable.
No social utility in relation to recklessness
The running of any risk subjectively appreciated is unreasonable and thus reckless.
Social utility in relation to recklessness
It will depend on whether a reasonable and prudent person would have taken the risk.
Elements for aggravated wounding
Section 191(1)
With intent to:
a. To commit or facilitate the commission of any imprisonable offence.
b. To avoid detection of himself or of any other person in the commission of any imprisonable offence.
c. To avoid arrest or facilitate flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
Wounds/Maims/Disfigures/Causes GBH/ Render unconscious any person/By any violent means renders any person incapable of resistance
Elements for aggravated injury
Section 191(2)
With intent to:
a. To commit or facilitate the commission of any imprisonable offence.
b. To avoid detection of himself or of any other person in the commission of any imprisonable offence.
c. To avoid arrest or facilitate flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
Injures
Any person
Case law for aggravated wounding intent
R v Tihi
In addition to one of the specified intents (a, b, c) it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
Case law for facilitate
R v Wati
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
Definition for stupefy
Means to cause an effect on the mind or nervous system of a person, which seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.
Renders unconscious
Means to cause the person to lose consciousness.
By any violent means
Application of force that physically incapacitates a person. It is not limited to physical violence and may include threats of violence, depending on the circumstances.
Elements for aggravated assault (1)
Section 192(1)
Assaults any person with intent to:
a. To commit or facilitate the commission of any imprisonable offence.
b. To avoid detection of himself or of any other person in the commission of any imprisonable offence.
c. To avoid arrest or facilitate flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
Elements for aggravated assault (2)
Section 192(2)
Assaults any Constable OR Any person acting in aid of any Constable OR Any person in the lawful execution of any person
With intent to obstruct the person so assaulted in the execution of his duty
Definition for assault
Intentionally applying or attempting to apply force to another, directly or indirectly. Also threatening to apply force in circumstances where the victim believes the offender will be able to carry out the threat.
Subjective test for recklessness
The defendant was aware of the risk and proceeded regardless.
Objective test for recklessness
It was unreasonable for the defendant to do so.
