Serious Assault Definitions Flashcards
Two types of Intent
- There must be an intention to commit the act 2. an intention to get a specific result
R V TAISALIKA
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
GBH
Harm that is really serious
DPP v SMITH
Grievous means no more and no less than really serious.
Wound
R V WATERS
Breaking of the skin, flow of blood. At the site on a blow or impact it will more often than not be external, but may be internal.
Maims
Mutilating, crippling or disabling a part of the body, so the victim is deprived of the use of a limb or one of their senses.
Disfigures
R V RAPANA AND MURRAY
Disfigures covers not only permanent but also temporary damage.
Injure
Means to cause actual bodily harm.
R V MCARTHUR
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 be more than transitory and trifling.
Reckless disregard for the safety of others
The conscious and deliberate taking of an unjustified risk
Subjective - That the defendant consciously and deliberately ran a risk.
Objective - Based on whether a reasonable person would have taken the risk.
Cameron / Tipple
R V Tihi
In addition to specific intents oulined in paragraphs (a)-(c), it must be shown the offender either meant to cause the specified harm or foresaw hat the actions undertaken by him were likely to expose others to risk of suffering it.
Facilitate the commission
To make possible or to make it easier.
Avoid detection
The offender causes the specified harm to prevent himself or another person from being “caught in the act”.
Facilitate flight
The specified harm is caused to enable the offender/s to more easily effect their escape or to prevent the capture.
R V WATI
There must be prof 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 Sturm - Stupefies
To cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.
Renders unconscious
The offenders actions must cause the victim to lose consciousness.
Any violent means
Not limited to physical violence and may include threats of violence, depending on the circumstances.
Incapable of resistance
(R v Crosson)
R V CROSSAN
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
Transferred malice
When the intention to harm one individual inadvertently causes a second person to be hurt instead, the offender is still held responsible.
Imprisonable offence
An offence punishable by imprisonment
R v Crosson
Incapable of resistence includes a powerlessness of the will as well as a physical incapacity.
R v Taisalika
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent Application: intent (serious assaults)
R v Collister
( Big ‘C’ - Circumstantial)
Circumstantial evidence from which an offender’s intent may be inferred can include: - the offender’s actions and words before, during and after the event - the surrounding circumstances - the nature of the act itself Application: intent
DPP v Smith
(3 DPP’s v 1 Smith in a fight = GBH to Smith)
‘Bodily harm’ needs no explanation and ‘grevious’ means no more and no less than ‘really serious’ Application: GBH
R v Waters
(Water flows like blood from a wound)
A wound is a ‘breaking of the skin evidenced by the flow of blood’. May be internal or external. Application: wound
R v Rapana and Murray
(Think of two guys named Rapana and Murray dipping somone’s hand into hot oil - it is temporarily disfigured but able to be fixed with skin grafts)
Disfigure covers not only permanent damage but also temporary damage
Application: disfigures
R v McArthur
(Mc ARRRRRRRRR Fuck that hurt when he smashed my kneecaps!!!)
‘Bodily harm’ includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but it must be more than transitory and trifling. Application: injures
Cameron v R
(Shane Cameron the ex-boxer hiffing a full can of baked beans recklessly into a crowd - Recklessness)
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable
Application: recklessness
R v Tipple
(I’m going to ‘Tip all’ these stones off the bridge and onto the cars below - Recklessness)
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”. Application: recklessness
R v Wati
(‘WAT’ the hell is ‘I’ doing with that knife!?!)
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
Application: aggravated wounding
R v Tihi
(Tee hee hee - remember the tent skit in Austin Powers - two ‘X’ in tents - aggravated wounding)
In addition to one of the specific intents outlined in paragraphs (a) - (c), it must be shown that the offender 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. Application: aggravated wounding
R v Sturm
(Sturm - Sperm - Rape: man threatens a woman with a gun to make her stop struggling and submit to being raped, whether or not he rapes her. If he commits rape - separate charge).
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 Application: stupefy
R v Crossan
(They CROSS over)
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity. Application: incapable of resistance
