SERIOUS ASSAULT Flashcards
WOUNDING WITH INTENT - TO CAUSE GBH
188(1) CA
- WITH INTENT TO CAUSE GBH
- TO ANY PERSON
- WOUNDS/MAIMS/DISFIGURES/CAUSED GBH
- TO ANY PERSON
INTENT - 188(1)
MUST BE AN INTENTION TO
- COMMIT THE ACT AND GET SPECIFIC RESULT
MUST BE DELIBERATE. MORE THAN INVOLUNTARY OR ACCIDENTAL
INTENT CASE LAW
TAISALIKA
- THE NATURE OF THE BLOW AND THE GASH WHICH IS PRODUCED POINTS STRONGLY TO THE PRESENCE OF THE NECESSARY INTENT
COLLISTER CIRCUMSTANTIAL EVIDENCE - ACTION AND WORDS BEFORE, DURING, AFTER - SURROUNDING CIRCUMSTANCES -THE NATURE OF THE ACT ITSELF
GBH DEFINED AS
REALLY SERIOUS HARM
GBH CASE LAW
BODILY HARM NEEDS NO EXPLANATION
GRIEVOUS MEANS NO MORE AND NO LESS THAN REALLY SERIOUS HARM
188(1) TO ANY PERSON
188(2) TO ANY PERSON
- GENDER NEUTRAL
- JUDICIAL NOTICES OR PROVED BY CIRCUMSTANTIAL EVIDENCE
- AGE OF VICTIM IRRELEVANT
DOCTRINE OF TRANSFERRED MALICE:
- WRONG TARGET BEING STRUCK STILL MAKES YOU CRIMINALLY LIABLE
WOUND - CASE LAW
WATERS
- BREAKING OF THE SKIN EVIDENCED BY THE FLOW OF BLOOD. INTERIOR OR EXTERIOR
MAIMS DEFINED AS
- DEPRIVE VICTIM OF USE OF A LIMB OR SENSOR
- SOME DEGREE OF PERMANENCY
DIFIGURES DEFINED AS
DEFORM OR DEFACE, TO MAR OR ALTER APPERANCE OF FIGURE
DISFIGURE CASE LAW
RAPANA AND MURRAY
DISFIGURES COVERS NOT ONLY PERMANENT DAMAGE BUT ALSO TEMPORARY
WOUNDING WITH INTENT - TO INJURE OR WITH RECKLESS DISREGARD
188(2) CA
- WITH INTENT TO INJURE ANY PERSON OR
- WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS
- WOUNDS/MAIMS/DISFIGURES/CAUSES GBH
- TO ANY PERSON
INJURE DEFINED AS
ACTUAL BODILY HARM
INJURE CASE LAW
MCARTHUR
BODILY HARM INCLUDES ANY HURT OR INJURY CALCULATED TO INTERFERE WITH THE HEALTH OR COMFORT OF THE VICTIM.
DOESN’T HAVE TO BE PERMANENT BUT MORE THAN TRANSITORY AND TRIFLING
RECKLESS DEFINED AS
MUST BE PROVED:
- THE DEFENDANT CONSCIOUSLY AND DELIBERATELY RAN A RISK (A SUBJECTIVE TEST)
- THAT THE RISK WAS ONE THAT WAS UNREASONABLE TO TAKE IN THE CIRCUMSTANCES AS THEY WERE KNOWN TO THE DEFENDANT (OBJECTIVE TEST)
RECKLESS CASE LAW
HARNEY
- A CONSCIOUS AND DELIBERATE TAKING OF AN UNJUSTIFIED RISK
- INVOLVES PROOF THAT THE CONSEQUENCE COMPLAINED OF COULD WELL HAPPEN, TOGETHER WITH AN INTENTION TO CONTINUE THE COURSE OF CONDUCT REGARDLESS OF THE RISK
TRIPPLE
- RECKLESSNESS- THE OFFENDER KNOW OF OR HAVE A CONSCIOUS APPRECIATION OF THE RELEVANT RISK AND IT MAY BE SAID THAT IR REQUIRES A DELIBERATE DECISION TO RUN THE RISK
AGGRAVATED WOUNDING
191(1) CA
WITH INTENT:
A) COMMIT OR FACILITATE COMMISSION OF ANY IMPRISONABLE OFFENCE
B)TO AVOID DETENTION OF SELF OR ANY OTHER PERSON IN THE COMMISSION OF ANY IMPRISONABLE OFFENCE
C) TO AVOID ARREST OR FACILITATE THE FLIGHT OF SELF OR OTHER UPON COMMISSION OR ATTEMPTED COMMISSION
TO AVOID ARREST OF FACILITATE OF SELF OR OTHER UPON COMMISSION OR ATTEMPTED COMMISSION - CASE LAW
WATI
- MUST BE PROOF OF COMMISSION OF ATTEMPTED COMMISSION OF A CRIME BY PERSON COMMITTING ASSAULT OR BU PERSON WHOSE ARREST HE INTENDS TO FACILITATE
AGGRAVATED WOUNDING CASE LAW
TIHI
- IN ADDITION TO A-C MUST BE SHOWN THE DEFENDANT MEANT TO CAUSE THE SPECIFIED HARM OR FORESAW THAT THE ACTIONS UNDERTAKEN BY HIM WERE LIKELY TO EXPOSE OTHERS TO SUFFERING
STUPEFIES DEFINED AS
INDUCES STATE OF STUPOR, TO MALE STUPID/GROGGY OR INSENSIBLE TO DULL THE SENSES
STUPEFIES CASE LAW
STURM
- CAUSE AN EFFECT ON THE MIND OR NERVOUS SYSTEM OF A PERSON WHICH REALLY SERIOUSLY INTERFERES WITH THE PERSONS MENTAL OR PHYSICAL ABILITY TO ACT IN ANYWAY THAT MIGHT HINDER AN INTENDED CRIME
RENDER UNCONSCIOUS ANY PERSON DEFINED AS
RENDER = CAUSE TO BE OR CAUSE TO BECOME
THE OFFENDERS ACTIONS MUST CAUSE THE VICTIM TO LOSE CONSCIOUSNESS
BY ANY VIOLENT MEANS RENDERS ANY PERSON INCAPABLE OF RESISTANCE
VIOLENT MEANS = NOT LIMITED TO PHYSICAL VIOLENCE. MAY INCLUDE THREATS OF VIOLENCE DEPENDING ON THE CIRCUMSTANCES
INCAPABLE OF RESISTANCE CASE LAW
CROSSAN
- INCAPABLE OF RESISTANCE - INCLUDES A POWERLESSNESS OF THE WILL AS WELL AS A PHYSICAL INCAPACITY
