Part 1. Serious Assaults Flashcards
to determine the appropriate charge a serious assault investigation will generally focus on establishing what two things?
the offender’s intent and the degree of harm suffered by the victim.
Section 188, Crimes Act 1961
Wounding with intent
(1) Every one is liable to imprisonment for a term not exceeding 14 years who,
(2) Every one is liable to imprisonment for a term not exceeding 7 years who,
(1)With intent to cause GBH to any one,
wounds, maims, disfigures, or causes GBH
to any person.
(2)with intent to injure anyone, or with reckless disregard for the safety of others,
wounds, maims, disfigures, or causes GBH
to any person.
outline R v Collister
What are examples of Circumstantial evidence of intent
Outline R v Taisalika
R v Collister
Offenders intent may be inferred from circumstantial evidence, including, actions and words before, during, after, surrounding circumstances, nature of the act.
EG
* prior threats
* evidence of premeditation
* the use of a weapon
* whether any weapon used was opportunistic or purposely brought
* the number of blows
* the degree of force used
* the body parts targeted by the offender (eg the head)
* the degree of resistance or helplessness of the victim (eg unconscious).
Taisalika - The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
Explain DDP v Smith re GBH
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
R v Waters it was held that
Define/Outlnes “Wounds” - R v Waters
A wound involves the breaking of the skin and the flowing of blood, either externally or internally.
Outline:
Maiming. MCD
and
Disfiguring DDMA
(R v Rapana and Murray ) disfigure covers
Maiming- mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses
Disfigure - to deform or deface; mar or alter the figure or appearance of a person
R v Rapana and Murray - ‘disfigure’ covers “not only permanent damage but also temporary damage”.
It is not necessary that the person suffering the harm was the intended victim.
Explain The Doctrine of Transferred Malice
Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine
Injure (S2 CA61) - means to cause actual bodily harm.
Explain actual bodily harm using R v Donavan
HI CI HC
Bodily harm’ includes any hurt or injury calculated to interfere with the health or comfort of [the victim] …
need not be permanent, but must be more than merely transitory and trifling.
Outline Reckless disregard using Cameron v R
Cameron v R
Recklessness is established 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.
Section 189, Crimes Act 1961
Injuring with intent
(1) Every one is liable to imprisonment for a term not exceeding 10 years who,
(2) Every one is liable to imprisonment for a term not exceeding 5 years who,
with intent to cause grievous bodily harm to any one, injures any person.
with intent to injure any one, or with reckless disregard for the safety of others, injures any person.
Section 191, Crimes Act 1961
Aggravated wounding or injury
(1) Every one is liable to imprisonment for a term not exceeding 14 years who with intent—
a,b,c
(2) Every one is liable to imprisonment for a term not exceeding 7 years who,
1(a) To commit or facilitate the commission of any imprisonable offence; or
1(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
1(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, or causes grievous bodily harm to any person,
-or stupefies or renders unconscious any person,
-or by any violent means renders any person incapable of resistance.
(2) with any such intent as aforesaid, injures any person.
Two-fold test for intent
R v Tihi on intent for 191 offences
- The defendant intended to facilitate any intent in 191 1 a,b, or c
and - He intended to cause the specified harm, or was reckless as to that risk.
Tihi
In addition to the intent in 191
“it must be shown that the offender either meant to cause the specified harm, or foresaw that actions would likely expose others to the risk of suffering it”.
Define R v Wati in respect of offences under 191(1)(c)
There must be proof of the commission
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
Define:
Stupefies
Renders Unconscious
Violent means
Stupefy - cause effect on mind or nervous system, interfering with that person’s mental or physical ability
Render - the offender’s actions must cause the victim to lose consciousness.
Violent Means - application of force that physically incapacitates a person
Section 192, Crimes Act 1961
Aggravated Assault
(1) Everyone is liable to imprisonment for a term not exceeding 3 years who assaults any other person 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.
(2) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any constable or any person acting in aid of any constable, with intent to obstruct the person so assaulted in the execution of his duty.
