CASE LAW (serious Assaults) Flashcards
R V MCARTHUR
‘Bodily harm’ any hurt or injury calculated to interfere with the health or comfort of the victim. Not permanent but more than trifling and transitory
CAMERON V R
Recklessness is established if the defendant recognised that there was a real possibility that:
- his actions would bring about the proscribed result and/or
- that the proscribed circumstances existed and having regard to that risk those actions were unreasonable
R V TIPPLE
Recklessness requires the offender know of or conscious of the risk - deliberate decision to run the risk
(Tipple - whisky - risky)
R V COLLISTER
Circumstantial evidence from which an offender intent may be inferred can include:
- Actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
R V TAISALIKA
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent
DDP V SMITH
‘Bodily harm’ needs no explanation and ‘grevious’ means no more and no less than ‘really serious’
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 TIHI
it must be shown that the offender intended to facilitate the commission (or a,b,c) and he intended to cause the harm or was reckless to it.
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 persons mental or physical ability to act 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
R V WATERS
A wound is a ‘breaking’ of the skin evidenced by the flow of blood. May be internal or external.
R V RAPANA AND MURRAY
Disfigure covers not only permanent damage but also temporary damage
