Assault Definitions and need to knows Flashcards
PERSON
Gender neutral term, accepted by judicial notice and proved through circumstantial evidence, age not relevant
INTENT
Is a deliberate act to get a specific result
Psychiatric Injury
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.
Not limited to immediate harm
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.
GBH
Defined as ‘harm that is really serious’
DPP V SMITH
MAIMING
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.
DISFIGUREMENT
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
WOUND
R v Waters : Wound involves breaking of the skin causing flow of blood, may be internal or external.
Doctrine of Transferred Malice
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.
Injury
S2 of CA61 means to cause actual bodily harm
R V DONOVAN
Reckless
Acting Recklessly involves the conscious and deliberate taking of an unjustified risk
Cameron v R
R v Tipple
INJURY V GBH
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.
Facilitate
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.
AVOID DETECTION
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.
FACILITATE FLIGHT
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.
STUPEFIES
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.
RENDERS UNCONSCIOUS
Render means cause to be
Lose consciousness
Does not limit how the person was made unconscious may be by force or administered.
BY VIOLENT MEANS RENDERED INCAPABLE OF RESISTANCE
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
ASSAULT
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
DISCHARGE
TO FIRE OR SHOOT
Firearm
defined in S2 arms act 1983 , anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive
EXPLOSIVE
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
INJURIOUS SUBSTANCE/DEVICE
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.
WHEN OFFENCE UNDER S198(1)(a) & 198(1)(b) COMPLETE
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.
PROPERTY
Defined S2 CA 61 includes real and personal property
CONSTABLE
DEFINED UNDER S4 POLICING ACT 2008 A PERSON HOLDING OFFICE OF CONSTABLE
ACTING IN COURSE OF DUTY
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.
KNOWING
Simester and Brookbanks - Knowing means knowing or correctly believing defendant may believe something wrongly but cannot know something to be false.
INTENT TO RESIST LAWFUL DETENTION / ARREST
Must be proved defendant knew an attempt was being made to arrest them.
USES IN ANY MANNER WHATEVER
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.
USES (CONTEXT OF FIREARM)
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.
HAS WITH HIM (CONTEXT OF FIREARM)
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.
PISTOL
Firearm adapted or designed to be held and fired with one hand. Includes any firearm less than 762 mm in length.
S66 ARMS ACT
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.
