Definitions and Case Law Flashcards
Intent
Mean to do it, they desire a specific result and act with aim or purpose of achieving it.
R v Mohan
Intent involves a decision to bring about, in so far as it lies within the accusers power, the commission on the offence
R v Waaka
A fleeting or passing thought is not sufficient, there must be a firm aim or firm purpose to effect an act.
R v Taisalika
The nature of the blow and the gash it produced on the complainants head would point strongly to the presence of the necessary intent
GBH
Grievous bodily harm can simply be defined as “harm that is really serious”
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than really serious
Wound (R v Waters)
A breaking of the skin… a flow of blood…. will more often than not be external…may be internal
Maims
Will involve mutilating, crippling or disabling a part of the body so that the victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence
Disfigues
To “disfigure” means to “deform or deface, to mar or alter the figure or appearance of a person”
R v Rapana and Murray
The word “disfigure” covers “not only permanent damage but also temporary damage”
Injure
Section 2 Crimes Act 1961
Means to cause bodily harm
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 merely transistory and trifling”
With Reckless Disregard
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
R v Harney
(Reckless involves) foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
R v Tihi
In addition to one of the specific intents outlined in paragraphs (a) (b) (c) “it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it
Facilitate the commission s. 191(1)(a)
To make possible or to make easy or easier
R v Sturm (Facilitate commission)
Under s. 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed”
Avoid Detection s. 191(1)(b)
Offences under s.191(1)(b) arise during the commission of an imprisonable, where the offender causes the specified harm to prevent himself or another person from being “caught in the act”
Facilitate Flight s. 191(1)(c)
To make possible or to make easy or easier. The specified harm is caused to enable the offender(s) to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence.
Imprisonable offence
section 5 Criminal Procedures Act 2011
Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.
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
Stupefies
R v Sturm
To “stupify” means to cause an effect on the mind r nervous system of a person, which real seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.
Renders unconscious
To render a person unconscious, the offenders actions must cause the victim to lose consciousness
Any violent means
Includes the application of force that physically incapacitates a person
R v Crossan
“Incapable or resistance” includes a powerfulessness of the will as well as a physical incapacity
Person
Gender neutral. Proven by judicial notice or by circumstantial evidence
