Serious Assault Flashcards
Wounding With Intent
S188 (1) CA61
With Intent to cause GBH
to any person
,wounds, maims, disfigures, or causes GBH to any person
Injures With Intent
S189 (1) CA61
With Intent to cause GBH
to any person, injures
any person.
Wounding With Intent Reckless
S188 (2) CA61
With Intent to injure any person or with reckless disregard for the safety of others
wounds, maims, disfigures, or causes GBH
to any person
What does Injures With Intent under S189 (2) CA61 refer to?
With Intent to injure any person or with reckless disregard for the safety of others, injures
to any person.
What is Aggravated Wounding as per S191(1) CA61?
With Intent
to commit or facilitate the commission of any imprisonable offence,
avoid detection of himself or any other person in the commission of any imprisonable offence,
Avoid arrest or facilitate flight of himself or any other person in the commission of an improsonable offence,
wounds, maims, disfigures, or causes GBH, stupefies, renders unconscious, or by any violent means renders incable of resistance.
Aggravated Injury under S191(2) CA61 involve?
With Intent
to commit or facilitate the commission of any imprisonable offence,
avoid detection of himself or any person upon commission of any imprisonable offence.
Avoid arrest or facilitate flight of himself or any person upon commission of any imprisonable offence.
Injures any person
What is defined by Strangulation/Suffocation under S189(A) CA61?
With Intent or reckless disregard for safety of others, impedes normal breathing or blood circulation.
What is Mens Rea?
Intention to commit an act and intention to get a specific result.
What case established the concept of undertaking an unjustified risk?
Cameron V R.
Established a defendant recognised real possibility that the actions would bring about prescribed result and prescribe circumstances existed and having regard to that risk, those actions were unreasonable.
True or False: Mens Rea includes positional asphyxiation.
False.
R V Tipple
The defendant no I have conscious appreciation of risk and makes deliberate decision to run the risk
What is Bodily Harm as defined in R V Donavan?
Any hurt or injury that interferes with health or comfort of victim, more than trifling or transitory.
What is the difference between Wounds and GBH?
Injury < Wounds < GBH; grievous refers to the degree of harm that is really serious.
What does grievous mean in legal context?
No more and no less than serious.
DPP V Smith
DPP V Smith
Grevious means no more and no less than serious.
What does ‘Maims’ refer to?
To deprive a person of use of limb/member, causing them to be less able to defend or fight. Some degree of permanence.
What does ‘Disfigures’ mean?
To deform, deface, mar, or alter the appearance. Need not be permanent.
R V Rapsna and Murray - not need be permanent but can be temporary damage.
True or False: Disfigurement must be permanent.
False.
What is Transferred Malice?
Person injured need not be the accused intended person.
What does ‘Facilitate’ mean in the context of an assault?
To make easier.
R V Sturm
Facilitate - imprisonable offence need not be committed (a)
What does ‘Stupefies’ refer to?
Dulling the senses or causing a state of stupor.
What is meant by ‘Violent Means’?
Physical application of force, not limited to threats of violence.
R V CROSSAN incapable of resistance includes powerlessness of will as well as physical incapacity
R V Crossan
Incapable of resistance includes powerlessness of will as well as physical incapacity.
RV COLLISTER
/actions/words/ before during and after,
Circumstances surrounding
nature of act.
GBH
Harm that is really serious
Violent means
Physical application of force not limited to threats of violence.
R V CROSSAN
Victim handgun held a hidden fear. If she resisted she would be shot in capable of resistance includes powerlessness of Will as as well as physical in capacity.
R V Tihi
Aggravated
Intention to commit imprisonable offence
Intention to cause specified harm or for so the actions were likely to cause harm.
R V Wati
Aggravated
Must be proof of the attempt or commission of the crime by the person committing the assault. Relates to C.
R V Sturm
‘Facilitate’ and ‘Stupefies’
Not to need approved imprisonable fee to post committed.
Effective mind and nervous system which seriously interferes with the mental/physical ability.
Relates to A.
