Serious Assaults Flashcards
Section 188(1) Crimes Act 1961
Wounding with intent:
Any person is liable for a term not exceeding 14y who with intent to cause GBH to any one, wounds, maims, disfigures, or causes GBH to any person
Section 188(2) Crimes Act 1961
Wounding with Intent:
Any person is liable for a term not exceeding 7y who with intent to injure anyone, or with reckless disregard for the safety of others,wounds, maims, disfigures or causes GBH to any person
Section 189(1) Crimes Act 1961
Injures with intent:
Any person is liable for a term not exceeding 10y who with intent to cause GBH to any one, injures any person
Section 189(2) Crimes Act 1961
Injures with intent:
Any person is liable for a term not exceeding 5y who with intent to injure any one, or with reckless disregard for the safety of others, injures any person
Section 189A(1) Crimes Act 1961
Strangulation
Any person is liable for a term not exceeding 7y who intentionally or recklessly impedes another persons normal breathing, blood or circulation or both.
(a) blocking their nose, mouth or both
(b) applying pressure on, or to, that other person’s throat, neck or both.
Section 191(1)(a) Crimes Act 1961
Aggravated Wounding:
Everyone is liable to imprisonment for a term not exceeding 14y who with intent to commit or facilitate the commission of any imprisonable offence wounds, maims,disfigures or causes GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance. Or
Section 191(1)(b) Crimes Act 1961
Aggravated Wounding:
Everyone is liable to imprisonment for a term not exceeding 14y who with intent to avoid the detection of himself or herself or any other person in the commission of any imprisonable offence wounds, maims,disfigures or causes GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance. Or
Section 191(1)(c) Crimes Act 1961
Aggravated Wounding:
Everyone is liable to imprisonment for a term not exceeding 14y who with intent to avoid the arrest or facilitate the flight of himself or herself or any other person upon the commission or attempted commission of any imprisonable offence wounds, maims,disfigures or causes GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance.
Section 191(2) Crimes Act 1961
Aggravated injury:
Everyone is liable to imprisonment for a term not exceeding 7y who with any such intent as aforesaid injures any person
Intent defintion
The intent to commit the act and
The intent to get a specific result
Proving intent
- The offenders actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
R v Taisalika
Intent Case Law
The nature of the blow and the gash which it produces point strongly to the presence of the necessary intent
Reckless disregard
Acting recklessly involves the conscious and deliberate taking of an unjustified risk
R v Cameron
Reckless Case Law
Recklessness is established if:
(a)the defendant recognized that there was a real possibility that…
(i) his/her actions would bring about the proscribed result snd/or
(ii) that the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable
R v Tipple
Reckless Case Law
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk
R v McArthur
Bodily Harm Case Law
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 be more than transitory and trifling
GBH defintion
Really serious harm
DDP v Smith
GBH Case Law
Bodily harm needs no explanation and grievous is nothing more and nothing less than really serious
R v Waters
Wounds Case Law
A wound is a breaking of the skin evidenced by the flow of blood. May be internal or external.
Maims defintion
Involves mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or if one of the senses.
There needs to be some degree of permanence.
Disfigures defintion
To deform or deface; to mar or alter the figure or appearance of a person. Does not need to be permanent.
R v Rapana and Murray
Disfigures Case Law
Disfigure covers not only permanent damage but also temporary damage
Doctrine of transferred malice
It is not necessary that the person suffering the harm was the intended victim.
R v Tihi
Intent Case Law for s191
In addition to one of the specific intents outlined in paragraph (a)-(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 others to the risk of suffering it
Facilitate the commission defintion
To facilitate means to make possible or make easy/easier
R v Sturm
Under section 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed
R v Wati
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
Stupefies defintion
Means to induce a state of stupor, to make stupid, groggy or insensible; to dull the senses or faculties.
R v Sturm
Stupefies Case Law
To stupefy means 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 any way which might hinder an intended crime
Render unconscious
To render means to cause to be or cause to become.
To render a person unconscious, the offenders actions must cause the victim to lose consciousness.
By any violent means renders any person incapable of resistance
Violent means the application of force that physically incapacitates a person.
This can include threats of violence as well as physical restraints.
R v Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
