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 on the complainants head wound 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
Will involve mutilating, crippling or disabling part of the body, so victim is deprived of the use of a limb or one of the sense. Needs o be some degree of permanence.
Disfigures
R V RAPANA AND MURRAY
Disfigure covers not only permanent but also temporary damage.
To deform or deface, to mar or alter the figure or appearance of a person.
Injure
Means to cause actual bodily harm.
R V DONOVAN
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.
Reckless disregard for the safety of others
The conscious and deliberate taking of an unjustified risk (subjective - aware of risk but proceeded regardless) (objective - unreasonable to take risk in circumstances)
R V HARNEY
The conscious or deliberate taking of an unjustified risk. Involves proof that the consequence complained of could well happen, together with an intention to continue the conduct regardless of risk.
R V TIHI
In addition to specific intents in Agg assaults, 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.
R V STURM
regarding facilitating commission
In relation to facilitating commission, it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
Only requires intent
Avoid detection
in relation to Agg assaults, during the commission of an imprisonable offence, where the offender causes te specified harm to prevent himself or another person from being “caught in the act”.
Facilitate flight
To make possible or to make it easier.
The specified harm is caused to enable the offenders to more easily effect their escape or to prevent the capture after the commission or attempt of an imprisonable offence.
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
regarding Stupifies
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.
