Serious Assault Short Answers

Question 1

Two specific types of intention

Answer 1

There must be an intention to commit the act and secondly, an intention to get a specific result.

Question 2

How to prove the offenders intent, including circumstantial evidence

Answer 2

Onus is generally on the prosecution to prove an offenders intent beyond reasonable doubt.

Offenders admissions as to their intent are potentially good evidence, but it is good practice to support these with circumstantial evidence.

Circumstantial evidence from which an offenders intent may be inferred can include:

• The offenders actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself

Question 3

Additional circumstantial evidence that can prove intent in serious assault cases

Answer 3

• Prior threats
• evidence of premeditation
• the use of a weapon
• the number of blows
• the degree of force used

Question 4

If there was an intent to do grievous bodily harm, it was…

Answer 4

immaterial whether grievous harm was done. The question is not what the wound is, but what wound was intended.

Question 5

Explain the Doctrine of Transferred Malice

Answer 5

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.

Question 6

Two fold test for intent for aggravated wounding

Answer 6

In proving offence against 191, prosecution must satisfy a two fold test for intent:

1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a), (b) or (c) and
2. He or she intended to cause the specified harm, or was reckless as to that risk.

Question 7

Difference between Section 198 and 188 or 189

Answer 7

198 creates criminal liability based on intentions and actions of the offender, rather that on the outcome or consequences of those actions.

Unlike other serious violent offences, it is not necessary under 198 to prove that the victim suffered actual bodily harm. What is relevant is that the offender did one of the specified acts, with one of the specified intents.

Where actual bodily harm results, consider 188 or 189

Question 8

Injurious substance or device

Answer 8

Covers a range of things capable of causing harm to a person, for example a letter containing Anthrax powder that is mailed to a political target.

Boiling water has been held to be a destructive substance in previous court decisions

Question 9

Acting in the course of duty - explain what it means

Answer 9

Police duties arise under both statute and common law and in general terms they include protecting life and property, preventing and detecting crime, apprehending offenders and keeping the peace.