Serious Assault Flashcards
Wounding With Intent to Cause GBH
Section, Act, Imprisonment
Ingredients
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
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
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
Wounding With Intent (to injure)
Section, Act, Imprisonment
ingredients
Wounding With Intent (to injure)
Section 188(2), Crimes Act 1961
7 years imprisonment
Ingredients
- With Intent to injure anyone
OR
With Reckless Disregard for the Safety of Others
- Wounds
OR
Maims
OR
Disfigures
OR
Causes GBH
- to any person
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
Wounding With Intent (to injure)
Section 188(2), Crimes Act 1961
7 years imprisonment
Ingredients
- 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
- Wounds
Wound, R v Waters
OR
Maims
Maims
OR
Disfigures
Disfigures
R v Rapana and Murray
OR
Causes GBH
GBH
DPP v Smith
- to any person
Person
Injuring With Intent (to GBH)
Section, Act, Imprisonment
Ingredients
Injuring With Intent (to GBH)
Section 189 (1), Crimes Act 1961
10 years imprisonment
Ingredients
- With Intent to cause Grievous Bodily Harm
2.To any one
- Injures 4 any person
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
Injuring With Intent (to GBH)
Section 189 (1), Crimes Act 1961
10 years imprisonment
Ingredients
- 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
- Injures
Injure S.2 Crimes act 1961
R v Donovan
4 any person
Person
Injuring With Intent (to injure)
Section, Act, Imprisonment
Ingredients
Injuring With Intent (to injure)
Section 189(2), Crimes Act 1961
5 years imprisonment
Ingredients
- With Intent to injure any one
OR
With Reckless Disregard for the Safety of Others
- Injures
- Any person
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
Injuring With Intent (to injure)
Section 189(2), Crimes Act 1961
5 years imprisonment
Ingredients
- 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
- Injures
Injure S.2 Crimes Act 1961
R v Donovan
- Any person
Person
Aggravated Wounding
Section, Act, imprisonment
Ingredients
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
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
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
Aggravated Injuring
Section, Act, Imprisonment
Ingredents
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
Aggravated Injuring
Section 191(2), Crimes Act 1961
7 years imprisonment
List the Ingredients along with titles of definitions and case law
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
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.
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.
Define the case law definition for a Wound.
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.”
Discuss the caselaw for Injure and the relevent case law
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.
Whats the definition for imprisonable offence.
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.
In relation to Aggravated Wounding 191(1)(b), and Aggravated injuring 191(2)(b)
Define the what is meant by Avoid detection.
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.
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
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.
In Aggravated Wounding 191(1) a,b or c
define the ‘stupefy’ case law ingredient.
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.
In Aggravated Wounding 191(1) a,b or c and Aggravated Injuring 191(2) a,b or c
Define R v Wati
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.
Define the ingredient and the caselaw for Disfigures
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”.
Define intent and caselaw in relation to non aggravated serious assaults.
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.”
Whats the caselaw** with **intent** in regards to **Aggravated serious assaults
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.”
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”
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”.
Definition and case law of grievous bodily harm.
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”.
