Serious Assault Definitions Flashcards
Learn definitions and related case law.
Define Intent
A person does something intentionally if they mean to do it, they desire a specific result and act with aim or purpose to achieve it.
Define Any person
Gender neutral, proven by judicial notice or circumstantial evidence.
Define GBH
Can be defined as harm that is really serious.
Define Wounds
Broken skin or internal bleeding. Blood nose insufficient - must be a stab, laceration or rupture.
Define Maims
Will involve mutilating, crippling, disabling part of the body as to deprive the victim of the use of a limb or one of the senses.
Define Disfigures
To deform or deface, mar or alter persons figure or personal appearance.
Define With reckless disregard for the safety of others
A persons conscious and deliberate taking of an unjustifiable risk.
Define Injure
To Injure means to cause actual bodily harm.
Define To commit
To do, perform, perpetrate
Define Facilitate the commission
To make possible or to make easy or easier.
Define Avoid detection
Offences under S191(1)(a) 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.
Explain R V MOHAN (A decision… ISFAIL)
INTENT
A decision to bring about, in so far as it lies within the accused power, the commission of an offence.
Explain R V WAAKA (Fleeting/passing)
INTENT
A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act.
Explain R V TAISALIKA (Blow & gash)
INTENT
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.
Explain R V TIHI (specific intent)
In addition to one of the specific intents outlined in paragraphs (a) (b) (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 risk of suffering it.”
Define Assault
S2 CA 1961
Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds the he has, present ability to effect his purpose; and to assault has a corresponding meaning.
Define Violent means
Includes the application of force that physically incapacitates a person.
Define Render Unconscious
To cause to be rendered unconscious. Must cause victim to lose consciousness.
Define Facilitate Flight
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.
Define An Imprisonable Offence
S5 CPA 2011
Imprisonable offence means in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.
Explain R V WATI (imprisonable offence)
There must be…
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.
Explain R V STURM S191(1)(a) Under S191(1)(a)...
Under section 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.”
Explain R V STURM (Stupifies)
To cause an…
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 a way which might hinder an intended crime.
Explain R V CROSSAN (Violent means)
Incapable of…
Incapable of resistance, includes a powerless of the will as well as a physical incapacity.
