Case Law & Definitions - Serious Assault Flashcards
R v Taisalika - Intent
The nature of the blow and the gash it produced on the complainant’s head would point strongly to the presence of the necessary intent.
DDP v Smith - GBH
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really” serious.
R v Waters - Wounding
The breaking of the skin, internally or externally, and the flow of blood.
Maims
Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or one of the senses.
R v Rapana and Murray - Disfigures
Definition: To deform or deface, to mar or alter the figure or appearance of a person.
Case Law: The word “disfigure” covers not only 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 defendant mistakes the identify of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible despite the wrong target being stuck.
R v Donovan - Injure
Definition: Actual bodily harm may be internal or external and it need not be permanent or dangerous.
Case Law: 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 merely transitory and trifling.
R v Harney - Recklessness
Recklessness means the conscious and deliberate taking of an unjustified risk. It involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
Must be proved: (Subjective test) Defendant was aware of the risk and proceeded regardless and (Objective test) It was unreasonable for him to do so.
R v Tihi - Intent
Two-fold Intent Test
In addition to one of the specific intents outlined in s191(1)(a), (b) or (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.
R v Sturm
Under 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually committed.
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.
R v Sturm - Stupefy
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 might hinder an intended crime.
R v Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
