Serious Assaults Flashcards
Intent
Intent to commit the act and intent to get the result
R v Taisalika
The nature of the blow and gash produced points strongly to necessary intent.
R v Collister
Actions or words, before, during or after, surrounding circumstances and nature of act infer intent.
DDP v Smith
Bodily harm needs no explanation, grievous = really serious.
R v Waters
A wound is a ‘breaking of the skin evidenced by the flow of blood. May be internal or external.
Maims
Mutilate, cripple or disable a part of the body so as to deprive the victim of the use of a limb or of one of the senses. Must be some degree of permanence.
Disfigures
Deform or deface, alter figure or appearance of person.
R v Rapana and Murray
Disfigure covers not only permanent damage but also temporary damage.
Doctrine of transferred malice
Person injured need not be intended person. Still liable even if accidental victim eg mistaken identity, or force intended for one person effects another.
R v Donovan
Bodily harm means hurt or injury that interferes with the health or comfort of the victim. It need not be permanent, but must be more than merely transitory and trifling.
R v Tipple
Reckless means knowing the risk and acting anyway.
Cameron v R
Recklessness is established if defendant knew actions would bring the result and circumstances existed and understood risk was unreasonable.
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 they are helping. Aggravated wounding.
R v Tihi
In addition to the intent in the offence, it must be shown that the defendant meant to cause the specified harm or were reckless. foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it. Aggravated wounding.
Facilitate
Make possible/easier
Stupefies
Means to induce a state of stupor, to make stupid, groggy or insensible; to dull the senses or faculties.
R v Sturm (1)
For 191(1)(a) not necessary to prove the intended crime was committed.
R v Sturm (2)
To stupefy means to cause an effect on the mind of nervous system of a person which really seriously interferes with that persons mental or physical ability to act (fight back or stop offence).
Violent means
Violent means is not limited to physical violence, and may include threats of violence, depending on the circumstances.
R v Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
R v Donovan
