Injures and Aggravated Flashcards
Injuring with intent (1)
Section 189 (1)
- With intent to cause GBH
- To any person
- Injures
- Any person
10 years
Injuring with intent (2)
Section 189 (2)
- With intent to injure any
person or - With reckless disregard for the
safety of others - Injures
- Any person
5 years
R v Donovan circumstances
A man was charged with caning a 17 year old girl for the purposes of his own sexual gratification. The doctor found marks consistent with a ‘fairly severe beating’.
R v Donovan / R v Mcarthur
‘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 or trifling.
R v Chan-Fook
“the body of the victim includes all parts of his body, including his organs, nervous system and brain. The phrase actual bodily harm is capable of including psychiatric injury”.
Acting recklessly involves what?
The conscious and deliberate taking of an unjustified risk
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
What must be proved when recklessness is an element in an offence??
1) A subjective test
That the defendant was aware of the risk
2) A objective test
Unreasonable for them to do so
Social utility examples
Social effect.
No social utility: game of Russian roulette (personal)
High social utility: surgeon undertaking a risky but life saving surgery.
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”
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
R v Tihi
Aggravated Wounding
Two-fold test
1) The defendant intended to facilitate the commission of an imprisonable offence (or one of the intents outlined in a, b or c.
2) They intended to cause the specified harm, or was reckless as to that risk.
R v Tihi circumstances
One of the defendants held a knife to a taxi drivers neck in order to steal his taxi, inflicting a small cut in the process. He admitted his intent to steal the taxi, but argued that the injury to the driver was unintentional.
To facilitate meaning:
To make possible or to make easy or easier.
R v Wati circumstances
The defendant was present during a riot where officers were attacked. Wati fled but was caught by a Constable who he kicked and punched in an attempt to avoid arrest. He was charged with “riot” and “agg assault” but was acquitted on the riot charge therefore could not be liable for the aggravating feature of the assault.
Charged with common assault instead.
