Notes - Serious Assaults Flashcards
Doctrine of Transferred Malice
It is not necessary that the person suffering the harm was the intended victim
R v Hunt
Malice against the person cut is not essential general malice is sufficient
Definition of Stupefies
Cause an effect on the mind or nervous system which interferes with person mental and physical ability to act in any way which may hinder an intended crime
Explain R v Taisilika intent and intoxication
Nature of blow and gash points strongly to necessary intent. Loss of memory of past events is not the same as lack of intent at the time.
Define Psychiatric Injury
Bodily harm may include psychiatric injury but does not include mere emotion
Explain second intent
An intent to produce a specific result by their action
Example of a non-immediate harmful consequence and support with case law
A person with AIDS knowingly has unprotected sex with another person. The person gets AIDS.
R v Mwai GBH is not limited to the immediate harmful consequences of the offenders action. Steady progression of the disease led to evitable death. Sufficient to establish the Defendant caused GBH
When investigating a serious assault, what circumstantial evidence can you use to prove intent ? 
Surrounding Circumstances
Offenders actions and words before during and after the event.
Nature of the act itself.
Whether any weapon used was opportunistic or purposely brought
Evidence of pre-meditation
Number of blows
The use of a weapon.
Degree of force used
Degree of resistance or helplessness of the victim
Prior threats
Body parts, targeted by the offender 
What is the difference between s188 and S189
The outcome of the victims injuries and intent by the offender 
What is the difference between intent in S188(1) and S188(2)
Same outcome different intent,
1. the offender intends to cause GBH 
2. The offender intends only to injure the victim, although the actual outcome is a greater degree of harm then he anticipates
In R v Tihi the prosecution must satisfy the two fold test for intent. What is the twofold test? 
The defendant intended to facilitate the commission of an imprisonable offence.
The defendant intended to cause the specified harm or was reckless as to that risk
What are the intents for Agg Wounding ?
A. To commit or facilitate the commission of any imprisonable offence.
B. To avoid the section of himself, or any other person in the commission of an imprisonable offence.
C. To avoid arrest or facilitate flight, of himself, or any other percent upon the commission or attempted commission of any imprisonable offence. 
For the offence of aggravated assault, the offender must assault the victim with intent
Intention to apply or attempt to apply force.
Application or attempted application of force, whether directly or indirectly.
Threatened to apply force in circumstances where the victim believes the offender will be able to carry out the threat.
What constitutes recklessness ?
Cameron v R
Defendant recognised real possibility that their actions would bring results and the circumstances existed, having regard to the risk, the actions were unreasonable
By any violent means, renders incapable of resistance
A mere threat itself may not be sufficient to constitute violent means
Includes application of force that physically incapacitates a person
What circumstantial evidence proves the offenders intent in serious assault cases ?
The offenders words and conduct before, during and after
