Serious Assault Flashcards
Wounding with Intent - Section, ingredients, case law (9)
s188(1) and (2)
14 yrs and 7 yrs
With intent to cause GBH/Injure recklessly
Any person
Wounds/Maims/Disfigures/Causes GBH
To Any person
R v Taisalika
R v Collister
Cameron v R
R v Tipple
R v Tihi
DPP v Smith
R v McArthur
R v Waters
R v Rapana & Murray
Injures with Intent - Section, ingredients, case law (9)
s189(1) and (2)
10 yrs and 5 yrs
With intent to cause GBH/Injure recklessly
Any person
Injures
Any person
R v Taisalika
R v Collister
Cameron v R
R v Tipple
R v Tihi
DPP v Smith
R v McArthur
R v Waters
R v Rapana & Murray
s188(1)
Wounding with Intent
With intent to
Cause GBH
to any person
Wounds / Maims / Disfigures/ Causes GBH
To any person.
14 years
s188(2)
Wounding with intent
With intent to
Injure / reckless disregard for the safety of any person
Wounds / Maims / Disfigures/ Causes GBH
To any person.
7 years
189(1)
Injures with Intent
With intent to
Cause GBH
to any person
Injures
Any person.
10 years
189(2)
Injures with Intent
With intent to
Injure / reckless disregard for the safety of any person
Injures
Any person.
5 years
Aggravated Assault - section, ingredients, case law (10)
s191(1)(a) to (c) - Aggravated Assault
14 years
With intent to:
a) Commit /facilitate the commission of an imprisonable offence OR
b) Avoid detection of himself/anyone in the commission of an imprisonable offence OR
c) Avoid arrest/facilitate flight of himself/anyone upon the commission/attempted commission of an imprisonable offence
1) Wounds/Maims/Disfigures/Causes GBH
2) Stupefies/renders unconscious/renders incapable of resistance via violent means
Any person.
R v Taisalika
R v Collister
DPP v Smith
R v Wati
R v McArthur
R v Tihi
R v Waters
R v Rapana & Murray
R v Sturm
R v Crossan
R v Taisalika
R v Collister
DPP v Smith
R v Wati
R v McArthur
R v Tihi
R v Waters
R v Rapana & Murray
R v Sturm
R v Crossan
Aggravated Assault
R v Taisalika - intention inferred
R v Collister - intention inferred
DPP v Smith - Grievous means no more and no less than really serious harm.
R v Wati - Need proof of commission/attempted commission of the offence.
R v Tihi - Need to show offender had intent to commit a) to c) as well as the specified harm.
R v Waters - Wounding is the breaking of the skin evidenced by blood flow, can be external or internal.
R v Rapana & Murray - Disfigurement can be temporary damage, eg tattoo
R v Sturm - stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that person’s mental/physical ability to act in a way to hinder the intended crime.
R v Crossan - – incapable of resistance includes powerlessness of the will, but must be done with more than a mere threat eg gun.
DPP v Smith
Grievous means no more and no less than really serious harm.
R v McArthur
Bodily INJURY involves any hurt or injury that interferes with the health/comfort of the victim. Need not be permanent but must be more than temporary or trifling.
R v Wati
Need proof of commission/attempted commission of the offence.
R v Tihi
Need to show offender had intent to commit a) to c) as well as the specified harm.
R v Waters
Wounding is the breaking of the skin evidenced by blood flow, can be external or internal.
R v Rapana & Murray
Disfigurement can be temporary damage, eg tattoo
R v Sturm
stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that person’s mental/physical ability to act in a way to hinder the intended crime.
R v Crossan
incapable of resistance includes powerlessness of the will, but must be done with more than a mere threat eg gun.
GBH
Harm that is really serious, but need not involve life threatening or permanent injury.
DPP v Smith
Injury
Actual bodily harm, external or internal.
Eg: bloody nose, broken bone, bruise, graze, tiny cut - a matter for determination.
Wounds
R v Waters - Breaking of the skin evidenced by blood flow
Maims
Loss of limb, mutilating, crippling or disabling a body part - doesn’t need to be permanent but needs a degree of permanence.
Disfigures
to deform/deface, mar or alter the figure of appearance.
R v Rapana & Murray
GBH
DPP v Smith - no more and no less than really serious harm
Stupefy
To make stupid, groggy, insensible, to dull the senses.
R v Sturm
Renders Unconscious
Offenders actions cause the victim to become unconscious.
By any violent means renders a person incapable of resistance
may include physical violence and threats, as well as tying up hands
R v Crossan
Person
Gender neutral, no age,
Joe is a person proved by Judicial Notice.
Intent (Robbery)
R v Tihi
Need to show offender had intent to:
do (1)(A) to (c)
AND
intended to cause the injury.
Imprisonable offence
Imprisonable offence - crime punishable by imprisonment.
R v Wati - need proof of the commission/attempted commission of the offence by the offender.
Recklessly
A conscious/deliberate running of a risk AND the risk was unreasonable to take in the circumstances known to the offender.
Cameron v R
R v Tipple
Cameron v R
Recklessness is established when it can be shown that:
- the Defendant recognised that there was a REAL (not just significant) POSSIBILITY that the actions would bring about the result AND
- the circumstances existed AND
- having regard to that risk, the actions were unreasonable.
R v Tipple
Recklessness is established when it can be shown that:
- the Defendant knows/had a conscious appreciation of the risk AND
- makes a deliberate decision to run that risk.
