Serious Assault Flashcards
Proving intent …
Circumstantial evidence
- Offenders actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
Serious Assault
- Prior threats
- Use of a weapon
- Any weapons used was opportunity or purposely brought
- Numbers of blow
- Degree of force
- Body part targeted by the offender (eg head)
- Degree of resistance or helplessness of the victim (e.g unconscious)
Detail elements for Wounding with Intent S188(1) ?
- With Intent to cause GBH
- To any person
- Wounds / Maims / Disfigures / GBH
- To any person
Definition of GBH?
DPP v Smith
Bodily Harm needs no explanation and ‘grievous’ means no more and no less than ‘really serious’
Define Person
Victim is a person is accepted by J/N or C/E
Define the term Wounds and support your answer with case law ?
R v Walters
The breaking of the skin, normally evidenced by the flow of the bloood. May be internal or external
What is the key case law in relation to proving the intent of a Defendant in cases of serious assault and discuss what was held in this case.
R v Taisalika
The nature of the blow and the gash which is produced on the complainants head would point strongly to the presence of the necessary intent.
There are two specific types of intention in an offence. Outline these two required intent.
- Deliberate Act
Intent means to act or omission must be done deliberately - Intent to produce a result
An intention to produce a specific result (aim object or purpose)
Maims mean
“Depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary”
Define Disfigures and support your answer with case law
“To deform or deface, to mar or alter the figure or appearance of a person”
R v Rapana v Murray
Disfigures covers not only permanent damage but also temporary damage.
Define Injury as per S2 CA1961 ?
To cause actual bodily harm
Define Actual Bodily Harm
May be internal or external need not to be permanent or dangerous
What was held in Rapana v Murray ?
Disfigure covers not only permanent damage but also temporary damage
Circumstantial Evidence can be used to infer and offenders intent in relation to serious assaults.
Name the 3 interference in relations to the offenders intent
- Surrounding Circumstances
- Nature of the offence
- The offenders actions and words before, during and after the event.
Define injury ?
To cause actual bodily harm
May be internal or external and need not to be permanent or dangerous
Explanation for Doctrine of transferred malice ?
It is not necessary the person suffering harm was the intended victim.
Where the Defendant mistakes the identify of the person injured or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible.
What are the 3 intent for ‘Aggravated Wounding’ S191(1)
- With intent to commit or facilitate the commission of any imprisonable offence
- with intent to detection of himself or of any other person in the commission of any imprisonable offence
- to avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
What are the two different outcome that are subsection to ‘Aggravated Wounding’ ?
- outcome is wounding / maiming or one of the other specified forms of
Harm - outcome is an injury
What was held in the case law R v Tihi ?
It must be shown that the offender MEANT to cause the specified harm OR foresaw that the action undertaken by him were likely to expose others to the risk of suffering it
What test must Prosecution satisfy a in respect to R v Tihi ?
Two fold test
- Defendant intended to facilitate the commission of an imprisonable offence
- He intended to cause the specified harm or was reckless as to that risk
Define facilitate
To make possible or make easy / easier
What was held in R v Sturm in relations to facilitate the commission of any imprisonable offence ?
It is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
With intent to avoid detection
The offender causes the specified harm to prevent himself or another person being caught in the act
E.g. a ‘look out’ knocks a security guard unconscious to prevent him from walking in on a burglary in progress
What was held in R v Wati ?
There must be proof of the commission of the offence 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
Explain what is meant by the term ‘Stupefy’ and support your answer with case law ?
Means to induce a state of stupor, to make stupid or groggy or insensible; to dull the senses or faculties
R v Sturm
To stupefy means to cause an effect on the mind or nervous system of a person
which really seriously interferes with that persons mental or
physical ability to act in any way
which might hinder an intended crime.
Render means ….
Cause to be OR cause to become
What must the offender do to cause ‘render’ to a person
Cause the Victim to lose consciousness
What was held in R v Taisalika ?
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent
What was held in R v Crossan ?
Incapable of resistance includes powerlessness of the will as well as a physical incapacity
What additional circumstances evidence that may assist in proving offenders intent:
Prior threats
Evidence of premeditation
The use of a weapon
Whether any weapon used was opportunistic or purposely brought
The numbers of blows
The degree of force used
The body parts targeted by the offence (eg the head)
The degree of resistance or helplessness of the victim
