Liabilities - Serious Assaults Flashcards
Elements to Wounding with intent GBH
s188(1)
*With intent to cause GBH
* To any person
* Wounds, Maims, Disfigures, or causes GBH
*To any person
Definition of Intent
Intent to commit the act, intent to get the result
R v Taisalika: Nature of blow and gash points to necessary intent
GBH: DPP v Smith: Bodily harm needs no explanation, grievous meaning no more or no less than really serious
Definition of Wounds and Maims
Wounds - R v Waters “Breaking of skin evident to flow of blood, may be internal or external”
Maims: Mutilate, crippling, disabling part of body/sense or deprive of its uses, permanently
Definition of Disfigures and GBH
Disfigures: Deform or deface, alter figure or appearance of person
Rapana v Murray: Coveres permanent and temporary damage.
GBH: DPP v Smith: bodily harm needs no explanation, grievously meaning no more or less than really serious
Elements of s188(2)
*With intent to injure any person OR Reckless disregard for the safety of others
* Wounds, Maims, Disfigures, Cause GBH
* Any person
Definition of Doctrine Transferred Malice
Not necessary the person suffering the harm was the intended victim. Still criminally charged under the Doctrine of Transferred Malice
Definition of Injure
Donovan: Hurt or injury interfere with the health or comfort of the victim. Not permanent but be more than transitory and trifling
Definition of Reckless
Reckless is established when the Defendant recognises real possibility their actions would bring result in circumstances that existed and having regarding those risk, action were unreasonable.
Part A - Subjective Test (Defendant recognised the risk the offence anticipates as being possible)
Part B - Subject and Object Test (Defendant actions were objectively reasonable given the risk the Defendant understood)
Elements Aggravated Wounding
s191
*With intent
(a) commit or facilitate THE COAIO
(b) avoid detection of himself or any other person IN COAIO
(c) avoid arrest or facilitate flight of himself or any other person UPON (attempted) COAIO
*wounds, maims, disfigures, cause GBH,
stupefies,
renders unconscious any person,
violent means renders any person incapable of resistances
*any person
Definition
(a) commit or facilitate
(b) avoid detection
(c) avoid arrest/facilitate flight (upon/attempted COAIO)
(a) Make possible
(b) Cause harm to avoid being caught
(c) Cause harm to make it easier for the offenders to escape OR prevent capture
R v Wati: Proof of the commission or the attempted either
- by person committing the assault OR
- by person arrest or flight he intends to avoid or facilitate
Definition of intent (s191)
R v Tihi: 2 fold test for prosecution. Defendant intent
* facilitate the COAIO
* cause the specified harm or reckless
Definition stupefies
Effect on mind or nervous system, interferes with persons mental or physical ability to act - includes circumstances where drugs are administration of drugs
Definition Renders unconscious
Cause someone to loss consciousness
Definition of violent means / render incapable of resistance
Violent means: Render any person incapable of resisting, not limited to physical violence includes threat of violence depending on circumstances.
Incapable of resistances: Powerless of the will as well as a physical inability
