Assault Definitions and need to knows

Question 1

PERSON

Answer 1

Gender neutral term, accepted by judicial notice and proved through circumstantial evidence, age not relevant

Question 2

INTENT

Answer 2

Is a deliberate act to get a specific result

Question 3

Psychiatric Injury

Answer 3

Bodily harm may include a psychiatric injury but does not include mere emotions such as fear distress, panic, hysteria or nervous condition.

May be necessary that injury should amount to identifiable clinical condition. Expert evidence will be required.

Question 4

Not limited to immediate harm

Answer 4

R v Mwai - defendant charged under 188 for infecting people with HIV with ‘reckless disregard caused GBH.’
Expert medical evidence at the time was that HIV would inevitally cause death.

Court held s188 is not limited to immediate harmful consequences such as external assault injury.

All is required is actus reas is an act causing GBH.

Question 5

GBH

Answer 5

Defined as ‘harm that is really serious’
DPP V SMITH

Question 6

MAIMING

Answer 6

Common Law - depriving another the use of such his members as may render him less able in fighting, either to defend himself or annoy his adversary.

In practical terms it will involve mutilating, crippling or disabling a person as to deprive the victim of use of a limb or one of the senses.

Suggested in some legal commentaries it may require a degree of permanence.

Question 7

DISFIGUREMENT

Answer 7

Means to deform or deface, mar or alter the figure or appearance of a person.

Results from the infliction of an external injury that detracts from the personal appearance of a person.

R V RAPANA AND MURRAY

Question 8

WOUND

Answer 8

R v Waters : Wound involves breaking of the skin causing flow of blood, may be internal or external.

Question 9

Doctrine of Transferred Malice

Answer 9

It is not necessary that the person suffering harm is the intended victim, where the defendant mistakes the identity or the harm is intended for one person but accidentally inflicted on another, the defendant is still responsible for harm caused.

Question 10

Injury

Answer 10

S2 of CA61 means to cause actual bodily harm
R V DONOVAN

Question 11

Reckless

Answer 11

Acting Recklessly involves the conscious and deliberate taking of an unjustified risk

Cameron v R
R v Tipple

Question 12

INJURY V GBH

Answer 12

Whether the bodily harm suffered by the victim is a injury or one of the more serious outcomes in 188(1) is a matter of fact for determination in each case.

Question 13

Facilitate

Answer 13

To facilitate means to make possible or easier or easy.

Under S191(1)(a) the defendant intentionally or recklessly causes the harm to make it easier to commit the intended imprisonable offence.

Question 14

AVOID DETECTION

Answer 14

S191(1)(B) arise during the offender causes the harm to prevent himself or another being caught in the act.

Eg Look out knocks out a security guard to prevent him walking in on a burglary.

Question 15

FACILITATE FLIGHT

Answer 15

Arise after imprisonable offence committed or attempted.
The specified harm is to allows offenders to escape or more easily make escape, or prevent capture.

Prosecution must prove imprisonable offence committed or attempted before agg wounding whilst escaping it.

Question 16

STUPEFIES

Answer 16

R v STURM
To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that person’s mental or physical ability to act in any way which may hinder an intended crime.

Question 17

RENDERS UNCONSCIOUS

Answer 17

Render means cause to be

Lose consciousness

Does not limit how the person was made unconscious may be by force or administered.

Question 18

BY VIOLENT MEANS RENDERED INCAPABLE OF RESISTANCE

Answer 18

Includes the application of force that physically incapacitates a person such as tying a persons hands or inflicting debilitating injuries. Can also be threats made.

R V Crossan
Incapable of resistance includes a powerlessness of the will as well as physical incapacity

Question 19

ASSAULT

Answer 19

Intention to apply force to the person of another
Application or attempted application of force, directly or indirectly
Threaten to apply force in circumstances where the victim believes the offender will carry out the threat

Question 20

DISCHARGE

Answer 20

TO FIRE OR SHOOT

Question 21

Firearm

Answer 21

defined in S2 arms act 1983 , anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive

Question 22

EXPLOSIVE

Answer 22

def s2 arms act 83 means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or pyrotechnic effect

Question 23

INJURIOUS SUBSTANCE/DEVICE

Answer 23

Things capable of causing harm to a person e.g anthrax.

Boiling water has been held as a destructive substance

Electrified barb wire at gang pad if plugged into mains power.

Question 24

WHEN OFFENCE UNDER S198(1)(a) & 198(1)(b) COMPLETE

Answer 24

S198(1)(A) - when firearm discharged
s198(1)(b) - when explosive or injurious substance sent delivered or put in place. Must have capacity to explode or cause injury.

Question 25

PROPERTY

Answer 25

Defined S2 CA 61 includes real and personal property

Question 26

CONSTABLE

Answer 26

DEFINED UNDER S4 POLICING ACT 2008 A PERSON HOLDING OFFICE OF CONSTABLE

Question 27

ACTING IN COURSE OF DUTY

Answer 27

Every lawful act a constable does on duty and may include off duty act where circumstances create a professional obligation to act whilst off duty.

An officer who is acting unlawfully cannot be said to be acting in course of his duty.

Question 28

KNOWING

Answer 28

Simester and Brookbanks - Knowing means knowing or correctly believing defendant may believe something wrongly but cannot know something to be false.

Question 29

INTENT TO RESIST LAWFUL DETENTION / ARREST

Answer 29

Must be proved defendant knew an attempt was being made to arrest them.

Question 30

USES IN ANY MANNER WHATEVER

Answer 30

Expands the definition of use from to fire it to include acts which stop short of shooting.

It is sufficient if the defendant held or manipulated the firearm so as to convey an implied threat of its further use to an officer. Not necessary it be presented or discharged.

Possession does not constitute use, handling or manipulating may suffice.

Question 31

USES (CONTEXT OF FIREARM)

Answer 31

Does not include scope of in any manner whatever.
Includes firing, or displaying in an menacing manner but may not extend to use as a club.

Question 32

HAS WITH HIM (CONTEXT OF FIREARM)

Answer 32

Offender must knowingly have firearm with them.
Evidence must have possession and have knowing custody/control of the firearm, but also available or on hand to use while committing the imprisonable offence.

Question 33

PISTOL

Answer 33

Firearm adapted or designed to be held and fired with one hand. Includes any firearm less than 762 mm in length.

Question 34

S66 ARMS ACT

Answer 34

Every occupant of any land or driver of any vehicle in which a firearm found though not to the exclusion of any other person is deemed to be in possession of the item unless he proves it was not his property and that it was in possession of some other person.