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My personal CIB induction > Serious Assault > Flashcards

Serious Assault Flashcards

1
Q 
Wounding with intent to cause GBH
Section
Act
Penalty
Ingredients
A

Section: 188(1)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to cause GBH
    * ******
  2. to anyone
    * *******
  3. Wounds OR Maims OR Disfigures OR causes GBH
    * *******
  4. any person
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2
Q

Ingredient - Definitions and case laws

With intent to cause GBH

A
  1. Intent def
  2. R V Mohan
  3. R V Waaka
  4. R V Taisalika
  5. GBH def
  6. DPP V Smith
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3
Q

Ingredient - Definitions and case laws

To any one/ any person

A
  1. Person
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4
Q

Ingredient - Definitions and case laws

Wounds

A
  1. R V Waters
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5
Q

Ingredients

Maims

A
  1. Maims def
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6
Q

Ingredient - Definitions and case laws

Disfigures

A
  1. Disfigures def

2. R V Rapana and Murray

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7
Q

Ingredient - Definitions and case laws

Causes GBH

A
  1. DPP V Smith

2. GBH def

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8
Q

Intent

A

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.

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9
Q

R V Mohan

A

A decision to bring about, in so far as it lies within the accused powers the commission of the offence

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10
Q

R V Waaka

A

A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act

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11
Q

R V Taisalika

A

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

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12
Q

GBH

A

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

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13
Q

DPP V Smith

A

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

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14
Q

R V Waters

A

Wound
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 the 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

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15
Q

Maims

A

Will included mutilating, crippling or disabling part of the body so victim is deprived the use of a limb or one of the senses. Needs to be some degree of permanence

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16
Q

Disfigures

A

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

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17
Q

R V Rapana and Murray

A

The word disfigure covers not only permanent damage but also temporary damage

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18
Q 
Wounding with intent to injure
Section
Act
Penalty
Ingredients
A

Section: 188(2)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

  1. With intent to cause injure anyone OR with reckless disregard for the safety of others
    * ******
  2. Wounds OR Maims OR Disfigures OR causes GBH
    * *******
  3. to any person
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19
Q

Ingredient - Definitions and case laws

With intent to injure anyone

A
  1. Intent def
  2. R V Mohan
  3. R V Waaka
  4. R V Taisalika
  5. Injure def
  6. R V Donovan
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20
Q

Ingredient - Definitions and case laws

with reckless disregard for the safety of others

A
  1. With reckless disregard for the safety of others def

2. R V Harney

21
Q

Injure

A

Means to cause actual bodily harm

Section 2, Crimes Act 1961

22
Q

R V Donovan

A

‘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

23
Q

With reckless disregard for the safety of others

A

Acting reckless involves consciously and deliberately taking an unjustifiable risk

24
Q

R V Harney

A

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

25
Q 
Injuring with intent to cause GBH
Section
Act
Penalty
Ingredients
A

Section: 189(1)
Act: Crimes Act 1961
Penalty: 10 years

Ingredients

  1. With intent to cause GBH
    * ******
  2. to anyone
    * *******
  3. injures
    * *******
  4. any person
26
Q 
Injuring with intent to injure
Section
Act
Penalty
Ingredients
A

Section: 189(2)
Act: Crimes Act 1961
Penalty: 5 years

Ingredients

  1. With intent to injure OR with reckless disregard for the safety of others
    * ******
  2. injures
    * *******
  3. any person
27
Q 
Aggravated wounding (Commit/facilitate the commission)
Section
Act
Penalty
Ingredients
A

Section: 191(1)(a)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to commit facilitate the commission of any imprisonable offence
    * ******
  2. Wounds OR Maims OR Disfigures OR causes GBH OR Stupefies OR renders unconscious OR by any violent means renders the person incapable of resistance
    * *******
  3. any person
28
Q

Ingredient - Definitions and case laws

With intent to commit facilitate the commission of an imprisonable offence

A
  1. Intent def
  2. R V Waaka
  3. R V Mohan
  4. R V Taisalika
  5. R V Tihi
  6. Facilitate the commission def
  7. R V Sturm [191(1)(a)]
  8. Imprisonable offence def
  9. R V Wati
29
Q

Ingredient - Definitions and case laws

Stupefies

A
  1. R V Sturm (stupify)
30
Q

Ingredient - Definitions and case laws

Renders uncouncious

A
  1. renders unconcious def
31
Q

Ingredient - Definitions and case laws

by any violent means renders the person incapable of resistance

A
  1. any violent means def

2. R V Crossan

32
Q

R V Tihi

A

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c) it must be shown 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

33
Q

Facilitate the commission

A

To make possible or to make easy or easier

34
Q

R V Sturm (191(1)(a)

A

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

35
Q

Imprisonable offence

A

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

36
Q

R V Wati

A

There must be proof of the commission or attempted commision of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate

37
Q 
Aggravated wounding (avoid detection)
Section
Act
Penalty
Ingredients
A

Section: 191(1)(b)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to avoid detection of himself or of any other person in the commission of any imprisonable offence
    * ******
  2. Wounds OR Maims OR Disfigures OR causes GBH OR Stupefies OR renders unconscious OR by any violent means renders the person incapable of resistance
    * *******
  3. any person
38
Q

Ingredient - Definitions and case laws

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

A
  1. Intent def
  2. R V Waaka
  3. R V Mohan
  4. R V Taisalika
  5. R V Tihi
  6. Avoid detection def
  7. Imprisonable offence def
  8. R V Wati
39
Q 
Aggravated wounding (avoid arrest/Facilitate flight)
Section
Act
Penalty
Ingredients
A

Section: 191(1)(c)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to avoid arrest or facilitate flight of himself or of any other person in the commission or attempted commission of any imprisonable offence
    * ******
  2. Wounds OR Maims OR Disfigures OR causes GBH OR Stupefies OR renders unconscious OR by any violent means renders the person incapable of resistance
    * *******
  3. any person
40
Q

Ingredient - Definitions and case laws
With intent to avoid arrest or facilitate flight of himself or of any other person in the commission or attempted commission of any imprisonable offence

A
  1. Intent def
  2. R V Waaka
  3. R V Mohan
  4. R V Taisalika
  5. R V Tihi
  6. Facilitate flight def
  7. Imprisonable offence def
  8. R V Wati
41
Q 
Aggravated injuring (Commit/facilitate the commission)
Section
Act
Penalty
Ingredients
A

Section: 191(2)(a)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

  1. With intent to commit facilitate the commission of any imprisonable offence
    * ******
  2. Injures
    * *******
  3. any person
42
Q 
Aggravated injuring (avoid detection)
Section
Act
Penalty
Ingredients
A

Section: 191(2)(b)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

  1. With intent to avoid detection of himself or of any other person in the commission of any imprisonable offence
    * ******
  2. Injures
    * *******
  3. any person
43
Q 
Aggravated injuring (avoid arrest/Facilitate flight)
Section
Act
Penalty
Ingredients
A

Section: 191(2)(c)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients

  1. With intent to avoid arrest or facilitate flight of himself or of any other person in the commission or attempted commission of any imprisonable offence
    * ******
  2. Injures
    * *******
  3. any person
44
Q

Renders unconcious

A

To render a person unconscious, the offenders actions must cause the victim to lose consciousness

45
Q

Any violent means

A

Includes the application of force which physically incapacitates a person

46
Q

R V Crossan

A

Incapable of resistance means a powerlessness of the will as well as a physical incapacity

47
Q

Avoid detection

A

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

48
Q

Facilitate flight

A

To make possible or to make easy or easier
The specified harm is caused to enable the offender(s) to more easily effect their escape or prevent their capture after the commission or attempted commission of an imprisonable offence

49
Q

R v Sturm (stupefies)

A

To “stupify” 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

My personal CIB induction (21 decks)

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