GENERAL Flashcards
Wounding, Injuring, and Assault:
List 4 things that may provide additional circumstantial evidence regarding the offenders intent:
(1) Prior threats
(2) Premeditation
(3) Purposely brought weapons
(4) Parts of the body targeted (head)
(5) Number of blows
(6) Helpless victim, unconscious
(7) Force used
(8) Use of weapons
What is material to the offence?
(a) An intent to do GBH
or
(b) Whether GBH was done.
(A) is correct.
If there was an intent to do grievous bodily harm, it was immaterial whether grievous harm was done.
The question is not what the wound is, but what wound was intended.
For the element of causing GBH,
Is it necessary for prosecution to prove how the GBH was caused or that it was caused by an assault.
No.
Prosecution just need to prove the accused caused the GBH.
For Aggravated Wounding, What 2 parts make up the “Two-fold test for intent”?
(1) In the commission of an imprisonable offence the defendant intended to (a), (b) or (c)
And
(2) Intended to cause the specified harm, or was reckless to that risk.
Holding a gun to a victim’s head to get them to submit to being raped, is an example of which subsection of s191(1)?
(a) facilitate the commission of an imprisonable offence
A “look-out” who knocks out a security guard to prevent him from walking in on a burglary in progress, is an example of which subsection of s191(1)?
(b) avoid detection of himself or another person.
Which is correct?
“Grievous” relates to:
(a) the DEGREE of harm, or
(b) the NATURE of it, or
(c) HOW it was cause.
(a) The degree of harm.
As long as the harm is serious, it need not involve life threatening or permanent injury.
Can bodily harm include “Psychiatric injury”?
Yes, but this would require expert evidence and the likelihood of an identifiable clinical condition.
Can psychological impact arise even though the victim has no recollection of the assault?
If so, give an example?
Yes.
In R v Donaldson, the victim later became aware that he had been sexually assaulted while unconscious. Learning of this resulted in a profound psychological impact on him.
Is harm limited to immediate harm?
No.
Delayed consequence is immaterial. Just as long as there is a link between cause and effect. A physical link between the act and the consequence.
Intentionally or recklessly infecting someone with HIV, which later develops into aids has resulted in a conviction for causing grievous bodily harm.
Which is correct?
Wounds, maims, and disfigures, refer to:
(a) the type of injury, or
(b) the degree of injury.
(a) the type of injury.
Which of these by definition has some degree of permanence and which one does not:
(1) Maim
(2) Disfigure
Maiming carries a degree of permanence. Disfigurement does not need to be permanent.
What is the doctrine of transferred malice?
It is not necessary that the person suffering the harm was the intended victim.
Are emotions such as fear, distress or panic, sufficient to qualify as actual bodily harm (psychiatric)?
No. There would need to be a diagnosed psychiatric illness.
With regard to reckless disregard for the safety of others, is it necessary that the defendant recognised the extent of the injury that would result?
No.
Give 3 examples of stupefaction?
(1) Rendered unconscious by a blow to the head
(2) Strangulation
(3) Administering a noxious substance
Give 3 examples of “VIOLENT MEANS”?
(1) tying hand behind back
(2) inflicting debilitating injuries
(3) A credible threat of violence
What are the 3 particular forms of mens rea in s198
(1)(a) Intent to do GBH
(2) Intent to injure
( ) Reckless disregard for the safety of others.
What are the 3 optional actus reus elements in s198?
(1) Discharging a firearm at a person
(2) Delivering explosives
(3) Setting fire to property.
Give 3 examples of INJURIOUS SUBSTANCE or DEVICE.
(1) Anthrax powder
(2) Boiling water
(3) A wire fence made live by mains power
For the purpose of s198(1)(b), when is the offence complete?
When the explosive or injurious substance or device is put in place.
It needs to be capable of causing injury but it is not necessary that it gets triggered for the offence to be complete.
Setting fire will often involve burning, charring, or smoke damage.
CA61 s198A Using Firearm against Law Enforcement
What is required for the defendant to satisfy the element of ‘Uses in any manner whatever’?
Handle or manipulate the firearm in a manner that conveys an implied threat may suffice.
It is not necessary to present or discharge the firearm.
CA61 198A(2) Using a Firearm Against Law Enforcement
Does the use of a firearm need to be against a law enforcement officer specifically?
No. The firearm can be used in any manner against any person, as long as the offender has the necessary intent to resist arrest.
What’s the difference between “Use any firearm in whatever manner” as used in s198A and “Use any firearm” as used in s198B?
s198A has a broader meaning due to the phrase ‘in whatever manner’. e.g. the firearm could be used as a club.
s198B has a narrower meaning and does not give provision for uses outside of the typical uses of firing, presenting, or displaying in a menacing manner.
