Intent Circumstantial evidence from which an offenders intent may be inferred can include: - the offenders actions and words before, during and after the event - the surrounding circumstances - the nature of the act itself

Day 2: Serious Assaults Flashcards by Frank Frank

Wounding with Intent (1)

Section and Elements

Section 188 (1)

With intent to cause GBH
To any person
Wounds, maims, disfigures or causes GBH
To any person

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Wounding with Intent (2)

Section and Elements

Section 188 (2)

With intent to injure any
person or
With reckless disregard
for the safety of others
Wounds, maims,
disfigures or causes GBH
To any person

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Intent meaning:

Intent means that act must be done deliberately. More than involuntary or accidental

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GBH meaning:

Harm that is really serious

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Maims meaning:

Deprive the victim of the use of a limb or one of the senses. Needs to be some degree of permanence.

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Disfigures meaning:

To deform or deface; to mar or alter the figure or appearance of a person

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Doctrine of transferred malice:

Not necessary that the person suffering the harm was the intended victim. He is still criminally responsible under the doctrine of transferred malice, despite the wrong target being struck.

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R v Taisalika

Intent

The nature if the blow and the gash it produced point strongly to the presence of the necessary intent

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R v Collister

Intent

Circumstantial evidence from which an offenders intent may be inferred can include:

the offenders actions and words before, during and after the event
the surrounding circumstances
the nature of the act itself

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DPP V SMITH

GBH

‘Bodily harm’ need no explanation and ‘grievous’ means no more and no less than ‘really serious’

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R v Waters

Wound

A wound is a ‘breaking of the skin evidenced by the flow of blood. May be internal or external.

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R v Rapana and Murray

Disfigure

Disfigure covers not only permanent damage but also temporary damage.

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R v Mcarthur

Bodily Harm

‘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 transitory and trifling.

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Cameron V R

Recklessness

Recklessness is establish if:

(a) the defendant recognised that there was a real possibility that:

(i) his or her actions would bring about the proscribed result; and/or

(ii) that the proscribed circumstances existed; and

(b) having regard to that risk those actions were unreasonable

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R v Tipple

Recklessness

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”

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What must be proved when recklessness is an element in an offence??

1) A subjective risk.

The defendant consciously and deliberately ran a risk

2) An objective risk (based on whether a reasonable person would have known the risk)

That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant

Injuring with intent (1)

Section and elements

Section 189 (1)

With intent to cause GBH
To any person
Injures
Any person

Injures meaning:

Actual bodily harm

Injuring with intent (2)

Section and Elements

Section 189 (2)

With intent to injure any person or
With reckless disregard for the safety of others
injures
any person

Aggravated Wounding

Section and Elements

Section 191 (1)

With intent

(a) to commit or facilitate the commission of any imprisonable offence; or

(b) to avoid the detection of himself or of any other person in the commission of any imprisonable offence; or

(c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence

wounds, maims, disfigures, causes GBH to any person, stupefies, renders unconscious any person, by any violent means renders any person incapable of resistance
any person

Stupefies meaning:

to induce a state of stupor, to make stupid, groggy or insensible, to dull the senses or faculties

Violent means in regards to aggravated wounding:

Not limited to physical violence and may include threats of violence, depending on circumstances

R v Crossan

Incapable of resistance

Includes a powerless of will as well as physical incapacity

R v Sturm

Stupefy

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 in any way which might hinder an intended crime

R V Tihi

Aggravated Wounding In addition to one of the specific intents outlined in paragraphs (a)-(c) it must be shown that the offender 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 Wati

Aggravated Wounding 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

Sections a, b and c of Aggravated Wounding

(a) to commit or facilitate the commission of any imprisonable offence PRE (b) to avoid detection of himself or of any other person in the commission of any imprisonable offence DURING (c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence AFTER

Strangulation or Suffocation Section and Elements

Section 189A - Intentionally or Recklessly - Impedes another persons breathing, blood circulation or both - by doing (manually or using any aide) (a) blocking that other persons nose, mouth or both (b) applying pressure on, or to, that other person's throat

In criminal law context what are the two specific types of intention in an offence?

- Deliberate Act. - Intent to produce a specific result

In serious assault cases what additional circumstantial evidence may assist in proving the offender's intent

- Prior threats - Evidence of premeditation - The use of a weapon - Whether any weapon used was opportunistic or purposely brought - The number of blows - The degree of force used - The body parts targeted by the offender (head) - The degree of resistance or helplessness of the victim (e.g. unconscious)

Acting recklessly involves what?

The conscious and deliberate taking of an unjustified risk

How to prove that someone is a person in liabilities?

Chris is a person and the actual victim in this matter. Will be accepted or proved by Judicial Notice.

R v Chan-Fook

"the body of the victim includes all parts of his body, including his organs, his nervous system and his brain" The phrase actual bodily harm is capable of including psychiatric injury.

Difference between Agg Wounding and Agg Assault

Agg Wounding - Actual bodily harm Agg Assault - No harm

Rendering a person incapable of resistance by violent means:

The threat of violence or the use of physical violence used to render the person incapable if resistance

Give examples of corroborative evidence you could obtain to assist in proving intent:

- Statement from witnesses - CCTV - Offender admissions - Offender actions before, during and after - Offenders words

Difference between GBH and wounds?

Wound, maim and disfigure point towards the type of injury caused. GBH point towards the degree or seriousness of the injury.

Intent meaning:

Intent means an act or omission must be done deliberately. Must be more than involuntary or accidental.

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, no doubt, be more than transitory and trifling.