Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CIB induction May 2016 > Serious Assault > Flashcards

Serious Assault Flashcards

1
Q

Wounding With Intent to Cause GBH

Section, Act, Imprisonment

Ingredients

A

Wounding With Intent to Cause GBH

Section 188(1), Crimes Act 1961

14 years imprisonment.

Ingredients

1 With Intent to cause Grievous Bodily Harm

2 To any one

3 .Wounds

OR

Maims

OR

Disfigures

OR

Causes GBH

4 any person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Wounding With Intent to Cause GBH

Section 188(1), Crimes Act 1961

14 years imprisonment.

List the Ingredients along with titles of definitions and case law

A

Wounding With Intent to Cause GBH

Section 188(1), Crimes Act 1961

14 years imprisonment.

Ingredients

1 With Intent to cause Grievous Bodily Harm

Intent

R v Mohan

R v Waaka

R v Tailsalika

GBH

DPP v Smith

2 To any one

Person

3 .Wounds

Wound, R v Waters

OR

Maims

Maims

OR

Disfigures

Disfigures

R v Rapana and Murray

OR

Causes GBH

GBH

DPP v Smith

4 any person

Person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Wounding With Intent (to injure)

Section, Act, Imprisonment

ingredients

A

Wounding With Intent (to injure)

Section 188(2), Crimes Act 1961

7 years imprisonment

Ingredients

  1. With Intent to injure anyone

OR

With Reckless Disregard for the Safety of Others

  1. Wounds

OR

Maims

OR

Disfigures

OR

Causes GBH

  1. to any person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Wounding With Intent (to injure)

Section 188(2), Crimes Act 1961

7 years imprisonment

List the Ingredients along with titles of definitions and case law

A

Wounding With Intent (to injure)

Section 188(2), Crimes Act 1961

7 years imprisonment

Ingredients

  1. With Intent to injure anyone

Intent

R v Mohan

R v Waaka

R v Taisalika

Injure S.2 Crimes Act 1961

R v Donovan

OR

With Reckless Disregard for the Safety of Others

Recklessness

R v Harney

  1. Wounds

Wound, R v Waters

OR

Maims

Maims

OR

Disfigures

Disfigures

R v Rapana and Murray

OR

Causes GBH

GBH

DPP v Smith

  1. to any person

Person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Injuring With Intent (to GBH)

Section, Act, Imprisonment

Ingredients

A

Injuring With Intent (to GBH)

Section 189 (1), Crimes Act 1961

10 years imprisonment

Ingredients

  1. With Intent to cause Grievous Bodily Harm

2.To any one

  1. Injures 4 any person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Injuring With Intent (to GBH)

Section 189 (1), Crimes Act 1961

10 years imprisonment

List the Ingredients along with titles of definitions and case law

A

Injuring With Intent (to GBH)

Section 189 (1), Crimes Act 1961

10 years imprisonment

Ingredients

  1. With Intent to cause Grievous Bodily Harm

Intent

R v Mohan

R v Waaka

R v Taisalika

GBH

DPP v Smith

2.To any one

Person

  1. Injures

Injure S.2 Crimes act 1961

R v Donovan

4 any person

Person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Injuring With Intent (to injure)

Section, Act, Imprisonment

Ingredients

A

Injuring With Intent (to injure)

Section 189(2), Crimes Act 1961

5 years imprisonment

Ingredients

  1. With Intent to injure any one

OR

With Reckless Disregard for the Safety of Others

  1. Injures
  2. Any person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Injuring With Intent (to injure)

Section 189(2), Crimes Act 1961

5 years imprisonment

List the Ingredients along with titles of definitions and case law

A

Injuring With Intent (to injure)

Section 189(2), Crimes Act 1961

5 years imprisonment

Ingredients

  1. With Intent to injure any one

Intent

R v Mohan

R v Waaka

R v Taisalika

Injure S.2 Crimes Act 1961

R v Donovan

OR

With Reckless Disregard for the Safety of Others

Recklessness

R v Harney

  1. Injures

Injure S.2 Crimes Act 1961

R v Donovan

  1. Any person

Person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Aggravated Wounding

Section, Act, imprisonment

Ingredients

A

Aggravated Wounding

Section 191(1) (a) or (b)** or **(c), Crimes Act 1961

14 years imprisonment

Ingredients

(a) With Intent to commit or facilitate the commission of any imprisonable offence

OR

(b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence

OR

(c) With intent to avoid arrest or facilitate flight of himself or 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

OR

By any violent means renders the person incapable of resistance

Any person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Aggravated Wounding

Section 191(1) (a) or (b)** or **(c), Crimes Act 1961

14 years imprisonment

List the Ingredients along with titles of definitions and case law

A

Aggravated Wounding

Section 191(1) (a) or (b)** or **(c), Crimes Act 1961

14 years imprisonment

Ingredients

(a) With Intent to commit or facilitate the commission of any imprisonable offence

Intent, R v Mohan, R v Waaka, R v Taisalika, R v Tihi

Subsection (a):

Facilitate the commission

R v Strum

Imprisonable offence S.5 Criminal Procedure Act 2011

R v Wati

(b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence

Intent, R v Mohan, R v Waaka, R v Taisalika, R v Tihi

Subsection (b)

Avoid detection

Imprisonable offence S.5 Criminal Procedure Act 2011

R v Wati

OR

(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence

Intent, R v Mohan, R v Waaka, R v Taisalika, R v Tihi

Subsection (c)

Facilitate flight

Imprisonable offence S.5 Criminal Procedure Act 2011

R v Wati

Wounds

Wound, R v Waters

OR

Maims

Maims

OR

Disfigures

Disfigures

R v Rapana and Marray

OR

Causes GBH

GBH

DPP v Smith

OR

Stupefies

Stupefies, R v Strum

OR

Renders Unconscious

Renders Unconscious

OR

By any violent means renders the person incapable of resistance

Any violent means

R v Crossan

Any person

Person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Aggravated Injuring

Section, Act, Imprisonment

Ingredents

A

Aggravated Injuring

Section 191(2), Crimes Act 1961

7 years imprisonment

Ingredients

(a) With Intent to commit or facilitate the commission of any imprisonable offence

OR

(b) With intent to avoid detection of himself or of any other person in the commission of a imprisonable offence

OR

(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence

Injures

Any person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Aggravated Injuring

Section 191(2), Crimes Act 1961

7 years imprisonment

List the Ingredients along with titles of definitions and case law

A

Aggravated Injuring

Section 191(2), Crimes Act 1961

7 years imprisonment

Ingredients

(a) With Intent to commit or facilitate the commission of any imprisonable offence

Intent, R v Mohan, R v Waaka, R v Taisalika, R v Tihi

Subsection (a)

Facilitate the commission

R v Strum

imprisonable offence S.5 Criminal Procedure Act 2011

R v Wati

OR

(b) With intent to avoid detection of himself or of any other person in the commission of a imprisonable offence

ntent, R v Mohan, R v Waaka, R v Taisalika, R v Tihi

Subsection (b)

Avoid detection

imprisonable offence S.5 Criminal Procedure Act 2011

R v Wati

OR

(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence

ntent, R v Mohan, R v Waaka, R v Taisalika, R v Tihi

Subsection (c)

Facilitate flight

imprisonable offence S.5 Criminal Procedure Act 2011

R v Wati

Injures

Injure S.2 Crimes Act 1961

R v Donovan

Any person

Person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

In Aggravated Wounding 191(1) (a), (b) or (c)

Discuss the ingredient and case law for

by any violent means renders the person incapable of resistance.

A

by any violent means renders the person incapable of resistance

Any violent means Includes the application of force that physically incapacitates a person.

R v Crossan

“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define the case law definition for a Wound.

A

Wound,** **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 site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Discuss the caselaw for Injure and the relevent case law

A

Injure, S.2 Crimes Act 1961

Means to cause actual bodily harm

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Whats the definition for imprisonable offence.

A

Imprisonable Offence section 5, Criminal Procedures Act 2011

Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.

17
Q

In relation to Aggravated Wounding 191(1)(b), and Aggravated injuring 191(2)(b)

Define the what is meant by Avoid detection.

A

Avoid detection

Offences under section 191(1)(b) arise during the commission of an imprisonable offence, where the offender causes the specified harm to prevent himself or another person from being caught in the act.

18
Q

In Wounding with intent to injure 188(2) and Injuring with intent to injure 189(2)

Define With Reckless disregard for the safety of others

A

Recklessness

Acting recklessly involves consciously and deliberately taking an unjustified risk. R v Harney “[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

R v Harney

Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

19
Q

In Aggravated Wounding 191(1) a,b or c

define the ‘stupefy’ case law ingredient.

A

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 which might hinder an intended crime.

20
Q

In Aggravated Wounding 191(1) a,b or c and Aggravated Injuring 191(2) a,b or c

Define R v Wati

A

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.

21
Q

Define the ingredient and the caselaw for Disfigures

A

Disfigure

To disfigure means to deform or deface; to mar or alter the figure or appearance of a person.

R v Rapana and Murray

The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.

22
Q

Define intent and caselaw in relation to non aggravated serious assaults.

A

Intent

A person does something intentionally if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

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 complainant’s head would point strongly to the presence of the necessary intent.

R v Tihi In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.”

23
Q

Whats the caselaw** with **intent** in regards to **Aggravated serious assaults

A

R v Tihi

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.”

24
Q

In relation to Aggravated Wounding 191(1)(a) and Aggravated Injuring 191(2)(a)

Discuss the defination and case law for “facilitating the commission of any offence”

A

Facilitate the commission

To make possible or to make easier.

R v Sturm

Under section 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed”.

25
Q

Definition and case law of grievous bodily harm.

A

Grievous bodily harm

Grievous bodily harm can be defined simply as harm that is really serious.

DPP v Smith

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.

CIB induction May 2016 (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions