Serious Assault Case Law Flashcards
Intent
R V Collister
Circumstantial evidence can infer Intent, including offenders actions/ circumstances/ nature of the Act
Intent
R V Taisalika
The nature of the blow/ gash produced point to the presence of necessary intent
Recklessly
Cameron V R
Established if defendant recognized real possibility that their actions would bring about prescribed result and prescribed circumstances existed and having regard to that risk, those actions were unreasonable
Recklessly
R V Tipple
Requires defendant know or have conscious appreciation of risk and makes deliberate decision to run the risk
Injure
R V Donovan
Any hurt or injury that interferes with health or comfort of victim. More than trifling or transitory
GBH
DPP V Smith
Grievous means no more and no less than serious. (Really serious harm)
Wounds
R V Waters
Breaking of skin evidenced by flow of blood. May be internal or external
Disfigures
R V Rapana and Murray
Disfigurement need not be permanent but can be temporary damage
Aggravated
R V Tihi
Intention to commit imprisonable offence
Aggravated
R V Wati
Must be proof of the attempt of commission of the crime by the person committing the assault
Facilitate/ Stupefies
R V Sturm
Must prove imprisonable offence was committed.
Stupefies - Effect mind and nervous system which seriously interferes with their mental/ physical ability
Violent Means
R V Crossan
Victim had gun held to head and feared if she resisted, she would be shot. Incapable of resistance includes powerlessness of will as well as physical incapacity
Bodily Harm
R V Donovan
Any hurt or injury that interferes with health or comfort of victim. More than trifling or transitory
GRIEVOUS BODILY HARM
DPP V Smith
Harm that is really serious
Bodily harm needs no explanation and grievous means no more and no less than really serious
