SERIOUS ASSAULT OFFENCES Flashcards
Ingredients: Aggravated injuring (a)
s.191 (2) (a) 7 years with intent to commit or facilitate the commission of an imprisonable offense, Injures Any person
Ingredients; Aggravated wounding (c)
s.191(1)(c) 14 years w. intent to avoid arrest of facilitate the flight of himself or any other person upon the commission or attempted commission of an imprisonable offense. Wounds or Maims or Disfigues or Causes GBH or Stupefies or Renders unconscious or By any violent means renders any person incapable of resistance To any person
Ingredients: Wounds w. intent to injure
s.188(2) 7 yrs w. intent to injure OR w. reckless disregard for the safety or others Wounds, Maims, disfigures or causes GBH to any person.
Ingredients; Aggravated Injuring (c)
s.191(2)(c) 7 years W intent to avoid arrest or facilitate flight of himself or another upon the commission of an imprisonable offense Injures Any person.
Ingredients; Injures w. intent to injure
s.189(2) 5 years With intent to injure OR with reckless disregard for the safety of others Injures Any person.
Ingredients: Wounds w. Intent to cause GBH
s.188(1) 14 yrs w. intent to cause GBH to anyone Wounds, Maims, Disfigures, Causes GBH To any person
Ingredients; Aggravated injuring (b)
s.191(2) (b) 7 years W intent to avoid detection of himself or another person in the commission of an imprisonable offense Injures Any person
Ingredients; Aggravated wounding (b)
s.191(1)(b) 14 years With intent to avoid detection of himself or any other person in the commission of an imprisonable offense. Wounds, or maims, or disfigures, or causes GBH, or stupefies, or renders unconscious, or by any violent means renders any person incapable of resistance. To any person
ingredients: Injures w intent to cause GBH
s189(1) 10 yrs w. intent to cause GBH to anyone Injures Any person
Ingredients; Aggravated wounding (a)
s.191(1)(a) 14 years w. intent to commit or facilitate the commission of an imprisonable offense. Wounds, or maims, or disfigures, or causes GBH, or stupefies, or renders unconscious, or by any violent means renders any person incapable of resistance To any person
definition: with intent to cause GBH
INTENTION A person does something intentionally if they mean to do it, they desire a specific result and they act with the purpose and aim of achieving it. R v MOHAN A decision in so far as it lies within the accuseds power to effect an act. R v WAAKA A fleeting or passing though is insufficient their must be a firm act and a firm purpose to effect an act. R v TAISALIKA The nature of the blow and gash which it produced on the complainants head would point strongly to the necessary intent. GBH The term GBH simply means harm that is really serious. DPP v SMITH Bodily harm needs no explanation and grievous means no more and no less than really serious.
definition: Wounds
R v WATERS A breaking of the skin would commonly be regarded as characteristic of a wound. The breaking of the skin would normally be evidenced by the flow of blood and in its occurrence at the site of a blow or impact. The wound will more often than not be external but their are cases where the bleeding which evidences the separation of the tissues may be internal.
definition: Maims
Maiming will involve mutilating, crippling or disabling part of the body so the victim is deprived of a use of the limb or one of the senses, there needs to be some degree of permanence.
definition of ingredient: disfigures
To disfigure means to deform or deface: to mar or alter the figure or appearance of a person.
R v RAPANA and MURRAY
To deform covers not only permanent damage but temporary damage also.
Definition: with intent to injure any person
Intent R v mohan R v Waaka Rv TAISALIKA The nature of the blow and the gash on the complainants head would point strongly to the presence of the necessary intent. INJURE s.2 CA61 means to cause actual bodily harm. R v DONOVAN Bodily harm includes any hurt or injury calculated to interfere with the health and comfort of the victim and it need not be permanent, but must no doubt be more than merely transitory or trifling .
Definition: With reckless disregard for the safety of others
acting recklessly involves consciously and deliberately taking an unjustified risk. R v HARNEY Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of action regardless of the risk
Aggravated wounding s.191(1) (a) (b) (c) 20 years definition: with intent to commit
Intent … R v MOHAN … R v WAAKA … R v TAISALIKA: the nature of the blow and the gash that it produced on the complainants head would point strongly to the presence of the necessary intent. R v TIHI In addition to one of the specified intents in para’s a,b and 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 other to the risk of suffering it.
Aggravated wounding (a) definition: facilitate the commission
facilitate: to make possible, to make easy or easier. R v STURM Under s.191(1)(a) it is not necessary for the prosecution to prove that the actual intended offense was subsequently committed.
Aggravated wounding s.191(1) (b) 14 years
definition: avoid detection
avoid detection offenses under s.191(1)(b) arise during the commission of an imprisonable offense in which the offender causes the specified harm to prevent himself or another from being caught in the act.
Aggravated wounding s.191(1) (c) 14 years
definition: facilitate flight
to make possible or make easy or easier. the specified harm is caused to enable the offenders to more easily make their escape or prevent their capture upon the commission or attempted commission of an imprisonable offense.
R v WAIHI
there must be proof of the commission or attempted commission of a crime either by the person committing the assault or other person whos arrest or flight he was intending to prevent or facilitata
Aggravated wounding s.191(1) 20 years definition: wounds
R v WATERS A breaking of the skin would commonly be characteristic of a wound, the breaking of the skin would normally be evidenced by a flow of blood at its occurrence at the sire of a blow or impact. the wound will more often than not be external but there may be those cases where the bleeding which evidences the breaking of the skin will be internal.
Aggravated wounding s.191(1) 20 years definition: Maims
maims will involve mutilation, crippling or disabling any part of the body so to deprive the victim of the use of a limb or one of the senses. there needs to be some degree of permanency.
Aggravated wounding s.191(1) 20 years definition: disfigures
to disfigure means to deform or deface, to mar or alter the figure or appearance of a person. R V RAPANA and MURRAY the word disfigure covers not only permanent damage but also temporary damage.
Aggravated wounding s.191(1) 20 years definition: Stupefies
R v STURM to stupefy means to cause an effect on the mind or nervous system of a person which really interferes with that persons mental or physically ability to act in a way which might hinder an intended crime.
Aggravated wounding s.191(1) 20 years definition: Renders Unconcious
To render a person unconscious the def. action must cause the victim to loose consciousness.
Aggravated wounding s.191(1) 20 years definition: By any other violent means render any person incapable of resistance.
includes the application of force that physically incapacitates a person. R v CROSAN incapacitation includes a powerlessness of the will as well as a physical incapacity.
Definitions:
R v Taisalika
R v TIHI
R v RAPANA and MURRAY
DPP v SMITH
R v WATERS
R v DONOVAN
R v HARNEY
R v WAITI
R v STURM
R v CROSSAN
R v Taisalika : the nature of the blow and the gash it produced on the victims head would point strongly to the presence of the necessary intent.
Rv TIHI: In adition to the secified intents in para’s a, b or c it must be shown that the offender meant to cause the specified harm or that he forsaw the risks undertaken by him were lilkly to expose the other person to suffer it.
R v RAPANA and MURRAY: the word disfigure covers not only permanent damage but also temporary.
DPP v SMITH: bodily harm needs no explanation and grievous means no more and no less than really serious.
R v WATERS: a breaking of the skin would be characteristic of a wound and the flow of blood at its occurance of a blow or impact. the flow of blood will more often than not be external but there may be cases where the flow of blood which evidences the breaking of the skim may be internal.
R v DONOVAN: bodily harm means and 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 transitory or trifiling.
R v HARNEY; recklessness involves foresight or dangerous concequences that could well happen but an intention to continue the act regardless of the risk.
R v WAITI
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.
R v STURM
the prosecution does not need to prove the actual intended offence was subsequently committed.
Stupefy means to cause an effect to the mind or nervous system of the person that really interferes with the physical or mental ability to act in a way which might hinder an intended crime.
R v CROSSAN
incapactity includes a powerlessness of the will as well as phyical incapacity
R v WAITI
there must be proof of the commission of attempted commision of a crime either by the person who committed the assault or by the person whose arrest of flight he intended to avoid or facilitate.
