Intentionally/Recklessly CSI In Circumstances of Gross Violence Flashcards
1
Q
Outline POP
s15A CSII in COGV
CRIMES ACT 1958
A
s15A CSII in COGV
CRIMES ACT 1958
- COMP was seriously injured; and
- Acc caused that serious injury; and
- Acc intended to seriously injure COMP; and
- Acc caused the serious injury in circumstances of gross violence; and
- Acc acted without lawful justification or excuse.
2
Q
Outline POP
CRIMES ACT 1958 - SECT 15B
Causing serious injury recklessly - in circumstances of gross violence
A
Causing serious injury recklessly - GV
- COMP was seriously injured; and
- Acc caused that serious injury; and
- Acc was aware that his/her acts would probably cause serious injury to COMP; and
- Acc caused the serious injury in circumstances of gross violence; and
- Acc acted without lawful justification or excuse.
3
Q
What does Circumstance of Gross Violence mean
A
INTENTION
The phrase “circumstances of gross violence” has a special legal meaning. To prove this element, the prosecution must show that:
- Acc planned in advance to [describe relevant conduct] and at the time of the planning, he intended that the conduct would cause a serious injury;
- Acc planned in advance to [describe relevant conduct] and at the time of the planning, he was reckless as to whether the conduct would cause a serious injury;
- Acc planned in advance to [describe relevant conduct] and at the time of the planning, a reasonable person would have foreseen that the conduct was more likely than not to result in serious injury;
- Acc caused the injury in company with 2 or more other people.
- Acc caused the serious injury as part of a joint criminal enterprise with 2 or more other people.
- Acc planned in advance to have with him and use an offensive weapon, firearm or imitation firearm with him and he used the offensive weapon, firearm or imitation firearm to cause the serious injury;
- Acc continued to cause injury to COMP after COMP was incapacitated;
- Acc caused serious injury to COMP while COMP was incapacitated.
