Serious Assaults Flashcards

1
Q

Intent

A

Intent to commit the act and intent to get the result

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2
Q

R v Taisalika

A

The nature of the blow and gash produced points strongly to necessary intent.

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3
Q

R v Collister

A

Actions or words, before, during or after, surrounding circumstances and nature of act infer intent.

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4
Q

DDP v Smith

A

Bodily harm needs no explanation, grievous = really serious.

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5
Q

R v Waters

A

A wound is a ‘breaking of the skin evidenced by the flow of blood. May be internal or external.

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6
Q

Maims

A

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.

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7
Q

Disfigures

A

Deform or deface, alter figure or appearance of person.

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8
Q

R v Rapana and Murray

A

Disfigure covers not only permanent damage but also temporary damage.

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9
Q

Doctrine of transferred malice

A

Person injured need not be intended person. Still liable even if accidental victim eg mistaken identity, or force intended for one person effects another.

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10
Q

R v Donovan

A

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.

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11
Q

R v Tipple

A

Reckless means knowing the risk and acting anyway.

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12
Q

Cameron v R

A

Recklessness is established if defendant knew actions would bring the result and circumstances existed and understood risk was unreasonable.

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13
Q

R v Wati

A

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.

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14
Q

R v Tihi

A

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.

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15
Q

Facilitate

A

Make possible/easier

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16
Q

Stupefies

A

Means to induce a state of stupor, to make stupid, groggy or insensible; to dull the senses or faculties.

17
Q

R v Sturm (1)

A

For 191(1)(a) not necessary to prove the intended crime was committed.

18
Q

R v Sturm (2)

A

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).

19
Q

Violent means

A

Violent means is not limited to physical violence, and may include threats of violence, depending on the circumstances.

20
Q

R v Crossan

A

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.

21
Q

R v Donovan

A