Serious Assault Flashcards
R v Mohan
Intent involves a decision to bring about in so far as it lies within the accused’s power the commission of the offence
R v Waaka
A “fleeting or passing thought is not sufficient; there must be a “firm intent or a firm purpose to effect an act.
R v Taisalika
the nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent.
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage.
DPP v Smith
Bodily harm needs no explanation and “grieves” means no more or no less then “really serious”
R v Waters
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, in its occurrence at the sight of the blow or impact, the wound will more often then not be external. but there are those cases where the bleeding which evidences the separation of tissues maybe internal
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, no doubt, be more than merely transitory and trifling.
R v Harney
Foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk
R v Tihi
in addition to one of the specific intents outlined in paragraphs (a) (b) (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the action under taken by him were likely to expose others to the risk of suffering it”
R v Wati
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
R v Strum
Under section 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actual subsequently committed”
R v Strum (stupify)
To Stupefy means to cause an effect on the mind or nervous system of a person, which seriously interferes Their mental or physical ability to act which may hinder an intended crime
R v Crossan
incapable of resistence both mental and physical incapacitation
How do you prove intent in a serious assault
Prior Threats Evidence of premeditation The use of a weapon Whether any weapon was used Number of blow The degree of force The body part targeted The degree of resistance or helplessness of the victim
Doctrine of Transferred Malice
where the defendant has mistaken the ID of a person injured or where he has intended to inflict harm on another person but accidentally hit another person he is still criminally liable for the offence of assault despite the wrong target being struck.
