Serious Assault Flashcards
Liability for:
Wounding with Intent - to cause GBH
188(1) Crimes Act 1961
With intent to cause GBH
To any person
Wounds, maims, disfigures or causes GBH
To any person
Liability for:
Wounding with Intent - to cause injury
188(2) Crimes Act 1961
With intent to injure any person, or with reckless disregard for the safety of others
Wounds, maims, disfigures or causes GBH
Any person
Liability for:
Injures with Intent to cause GBH
189(1) Crimes Act 1961
With intent to cause GBH
To any person
Injures
Any person
Liability for:
Injures with Intent - to injure
189(2) Crimes Act 1961
With intent to injure any person, or with reckless disregard for the safety of others
Injures
Any person
Liability for:
Aggravated Wounding
191(1) Crimes Act 1961
With intent
a) to commit, or facilitate the commission of any imprisonable offence, OR
b) to avoid detection of himself, herself or any other person in the commission of any imprisonable offence, OR
c) to avoid arrest, or facilitate flight of himself, herself or any other person upon the commission or attempted commission of any imprisonable offence
Wounds, maims, disfigures, causes GBH to any person, or stupifies, or renders any person unconscious, or by any violent means renders any person incapable of resistance.
Liability for:
Aggravated injury
191(2) Crimes Act 1961
With intent
a) to commit, or facilitate the commission of any imprisonable offence, OR
b) to avoid detection of himself, herself or any other person in the commission of any imprisonable offence, OR
c) to avoid arrest, or facilitate flight of himself, herself or any other person upon the commission or attempted commission of any imprisonable offence
Injures any person
Liability for:
Aggravated Assault - Any person
192(1) Crimes Act 1961
Assaults
Any other person
With intent
a) to commit, or facilitate the commission of any imprisonable offence, OR
b) to avoid detection or himself or any other person in the commission of any imprisonable offence, OR
c) to avoid arrest, or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
Liability for:
Aggravated Assault - Constable
192(2) Crimes Act 1961
Assaults
A Constable, or person acting in aid of any Constable, or any person in the lawfully execution of any process
With intent to obstruct the person so assaulted in the execution of their duty.
Define: Intent
Intention to do a deliberate act and the intention to get a specific result.
Intent Case law
R v Collister
Circumstantial evidence to help prove defendants intent;
Words and actions immediately before, during or immediately after the act.
Surrounding circumstances.
Nature of the act.
Define: Reckless
Conscious and deliberate taking of an unjustified risk.
Reckless Case Law
Cameron v R
Need to establish if the defendant recognized the real possibility that his actions would bring about the proscribed result, that the proscribed circumstances existed, and having regard to that risk, his actions were unreasonable.
Intent Aggravated Case Law
R v Taisalika
Nature of the blow and gash it produced can point strongly to prove intent
Define: Injures
Actual Bodily harm
Injures case law
R v Donovan
Hurt or injury that interferes with the health and comfort of the victim. More than trifling or transitory.
Define: GBH
Harm that is really serious
GBH case law
DPP v Smith
Gervious means no more or no less than really serious.
Wounds case law
R v Waters
Breaking of the skin and flowing of blood, either internal or external.
Define: Maims
Deprive the victim of a limb/member. Some degree of permanence, less able to fight/defend.
Define: Disfigures
Deform/deface/mar/alter figure of appearance, need not be permanent.
Disfigure case law
R v Rapana and Murray
Disfigures need not be permanent but can be temporary damage.
Define: transfered malice
Person Injures need not be the defendants intended person.
Define: Aggravated
To make something worse
Aggravated case law x2
R v Tihi
Must prove two fold test for intent.
Intention to a), b), or c) of 191 and intention to cause specified harm or foresaw their actions were likely to cause harm
R v Wati
Must be proof of the attempt or commission of the crime by the person committing the assault.
Define: facilitate
To make easier
Define: stupifies
Dull the sensors/state of stupor
Define: violent means
Physical application of force not limited to threats of violence
