Serious Assault - Definitions Flashcards
Intent
-to commit the act and to get a specific result
Grievous Bodily Harm
Harm that is really serious.
Any person
Gender neutral and the fact the visitor is a person is generally accepted by judicial notice or proved by circumstantial evidence.
Wounds
A wound is a breaking of the skin evidence by the flow of blood. May be internal or external. (R v WATERS).
Doctrine of transferred malice
It is not necessary that the person suffering the harm was the intended victim.
Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the doctrine of transferred malice, despite the wrong target being struck.
Acting recklessly
deliberately ran a risk.
The risk was one that was reasonable to take in the circumstances.