Serious Assault Flashcards
What are the section’s, subsections and the act that covers Wounding with Intent?
Section 188 (1) & (2) of the Crimes Act 1961
Explain Section 188 (1) of the Crimes Act 1961?
Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds or maims or disfigures or causes grievous bodily harm to any person.
Explain Section 188 (2) of the Crimes Act 1961?
Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm, to any person.
What are the elements for wounding with intent, Section 188 (1) of the Crimes Act 1961?
With intent to cause grievous bodily harm, to any person, wounds or maims or disfigures or causes grievous bodily harm, to any person.
What are the elements for wounding with intent, section 188 (2) of the Crimes Act 1961.
With intent to injure, or with reckless disregard for the safety of others, wounds or maims or disfigures or causes grievous bodily harm, to any person.
Regarding with intent to cause GBH, what two things must the offender show intention of?
To commit the act and to get a specific result.
What does intent mean?
That an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.
What are two examples of case law regarding intent to cause GBH?
R v Taisalika and R v Collister.
What is R v Taisalika?
The nature of the blow and gash which it produced point strongly to the presence of the necessary intent.
What is R v Collister?
Circumstantial evidence from which the offenders intent may be inferred can include:
The offenders actions and words, before , during and after the event.
The surrounding circumstances.
The nature of the act itself.
What is grievous bodily harm?
Harm that is really serious.
What is an example of case law regarding the definition of grievous bodily harm.
DPP v Smith
What is DPP v Smith?
‘Bodily harm’ needs to explanation, and ‘grievous’ means no more or no less than “really serious”.
What is a person?
Accepted by judicial notice or proved by circumstantial evidence.
is age or gender relevant to the offence of Wounding with intent?
No.
What is malice?
The desire to harm someone, ill will.
According to Section 2 of the Crimes Act 1961, what is the definition of injure?
To cause actual bodily harm.
Name the case law regrading the definition of bodily harm.
R v McArthur.
Name the case law regarding the definition of wounds.
R v Waters
According to case law, what is the definition of wounds?
A wound is the breaking of the skin evidenced by the flow of blood. May be external or internal.
What is the definition of maims?
Deprive the victim of the use of a limb or one of the senses. Needs to have some degree of permanence.
What is the definition of disfigures?
To deform or deface, to mar or alter the figure or appearance of a person.
Name the case law relevant to disfigures.
R v Rapana and Murray
What does R v Rapana and Murray state regarding disfigures?
Disfigure covers not only permanent damage but temporary damage.
What is the Doctrine of Transferred Malice?
It is not necessary that the person suffering the harm was the intended victim.
Mistaken identity or harm intended for another person is inflicted accidently on another are not defences.
Explain R v McArthur/R v Donovan
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim.
It need not be permanent but must be more than transitory or trivial.
When recklessness is an element in an offence, what two things must be proved?
The defendant consciously and deliberately ran a risk (subjective test).
That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant.
(Objective test - Based on whether a reasonable person would have taken the risk.)
Name two examples of case law relating to recklessness?
Cameron v R and R v Tipple
What is 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
Explain R v Tipple.
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said it requires “a deliberate decision to run the risk”.
What are the section’s, subsections and the act that covers Injuring with Intent?
Section 189(1) and 189(2) of the Crimes Act 1961.
Explain Section 189(1) of the Crimes Act 1961.
Everyone is liable to a term of imprisonment not exceeding 10 years who with intent to cause grievous bodily harm to any person, injures, any person.
Explain Section 189(2) of the Crimes Act 1961.
Everyone is liable for a term of imprisonment not exceeding 5 years who with intent to injure any one or with reckless disregard for the safety of others, injures, any person.
What are elements of Injuring with Intent s189(1)?
With intent to cause grievous bodily harm
To any person
Injures
Any person
What the elements of Injuring with Intent s189(2)?
With intent to injure any person or with reckless disregard for the safety of others
Injures
Any person
What are the section’s, subsections and the act that covers aggravated wounding and aggravated injury ?
Section 191(1) and Section 191(2) of the Crimes Act 1961.
Explain Section 191(1) of the Crimes Act 1961.
Everyone is liable to imprisonment for a term not exceeding 14 years who with intent
(a) to commit OR facilitate the commission of any imprisonable offence
OR
(b) to avoid the detection of himself OR herself OR any other person in the commission of any imprisonable offence
OR
(c) to avoid the arrest OR facilitate the flight of himself OR herself OR of any other person upon the commission or attempted commission of any imprisonable offence
wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious any person, OR by any violent means renders any person incapable of resistance.
Explain Section 191(2) of the Crimes Act 1961.
Everyone is liable to imprisonment for a term not exceeding 14 years who with intent
(a) to commit OR facilitate the commission of any imprisonable offence
OR
(b) to avoid the detection of himself OR herself OR any other person in the commission of any imprisonable offence
OR
(c) to avoid the arrest OR facilitate the flight of himself OR herself OR of any other person upon the commission or attempted commission of any imprisonable offence
Injures any person
What are the elements of Aggravated Wounding S191(1) CA 1961?
With intent;
(a) to commit OR facilitate the commission of any imprisonable offence
OR
(b) to avoid the detection of himself OR herself OR any other person in the commission of any imprisonable offence
OR
(c) to avoid the arrest OR facilitate the flight of himself OR herself OR of any other person upon the commission or attempted commission of any imprisonable offence
wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious any person, OR by any violent means renders any person incapable of resistance.
What are the elements of Aggravated Injuring S191(2) CA 1961?
with intent
(a) to commit OR facilitate the commission of any imprisonable offence
OR
(b) to avoid the detection of himself OR herself OR any other person in the commission of any imprisonable offence
OR
(c) to avoid the arrest OR facilitate the flight of himself OR herself OR of any other person upon the commission or attempted commission of any imprisonable offence
Injures any person
What two types of intention must be used in explaining intent of an offence?
Intent to commit a deliberate act and intent to achieve a specific result.
Explain the intent of Aggravated wounding S191(1)(a) and Aggravated Injuring S191(2)(a)?
With intent to commit OR facilitate the commission of any imprisonable offence
Before - about to do some shit
Explain the intent of Aggravated Wounding S191(1)(b) and Aggravated Injuring S191(2)(b)?
To avoid the detection of himself OR herself OR any other person in the commission of an imprisonable offence.
During - doing some shit.
Explain the intent of Aggravated Wounding S191(1)(c) and Aggravated Injuring S191(2)(c)
To avoid the arrest OR facilitate the flight of himself OR herself OR any other person upon the commission OR attempted commission of any imprisonable offence
Name the four-case laws in regard to Aggravated Wounding/injuring
R v Tihi, R v Sturm, R v Wati, R v Crossan
Explain R v Tihi
In addition to the intents a-c, it must be shown the offender meant to cause the specified harm or knew their actions were likely to cause the harm
Explain R v Wati
There must be proof of the commission or attempted commission of a crime by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
What does Stupefy mean?
means to induce a state of stupor, to make stupid, groggy or insensible, to dull the senses or faculties.
Explain 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 person’s mental or physical ability to act in any way that which might hinder an intended crime.
What does “renders unconscious any person” mean?
To render means to cause to be or cause to become. The offenders’ actions must cause the victim to become unconscious.
Is “by any violent means” limited to physical violence?
No, may include threats of violence depending on the circumstances.
Explain R v Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
