Serious Assaults Flashcards
Wounding with intent - GBH (Elements)
WOUNDING WITH INTENT
Section 188(1) Crimes Act 1961
- With intent to cause GBH
- To any person
- Wounds or Maims or Disfigures or Causes GBH
- To any person
Intent (Definition)
to commit the act to get a specific result
Intent (Case Law)
R v COLLISTER:
Circumstantial evidence which an offenders intent can be inferred include
* Actions and words before, during and after the event
* Surrounding circumstances
* Nature of the act
R v TAISALIKA:
The nature of the blow and the gash it produced point strongly to the presence of the necessary intent
GBH (Definition)
Harm that is really serious
GBH (Case Law)
DPP v SMITH:
Bodily harm needs no explanation and grievous means no more and no less than really serious
Wounds (Definition)
Breaking of the skin and flow of blood or ruptures of internal organs may amount to a wound
Wounds (Case Law)
R v WATERS:
A wound is the breaking of the skin evidenced by the flow of blood. Maybe internal or external
Maims (Definition)
Deprive the victim of the use of a limb or one of the senses. Needs to be some degree of permanence
Disfigures (Definition)
To deform or deface; to mar or to alter the figure or appearance of a person
Disfigures (Case Law)
R v RAPANA & MURRAY
Disfigure covers not only permanent damage but also temporary damage
Wounding with intent - Injure (Element)
Section 188(2) Crimes Act 1961
* With intent to injure any person or With reckless disregard for the safety of others
* Wounds or Maims or Disfigures or Causes GBH
* To any person
Injures (Definition)
To injure means to cause actual bodily harm. (Section 2 Crimes Act 1961)
Injures (Case Law)
R v MCARTHUR:
Bodily harm includes any hurt or injury that will interfere with the health or comfort of the victim. It need not be permanent
Reckless (Definition)
Consciously and deliberately ran a risk which is unreasonable in the circumstances
Reckless (Case Law)
CAMERON v R
The defendant recognised real possibility actions would bring about proscribed result and it was unreasonable given the circumstances
Injuring with intent - GBH (Elements)
Section 189(1) Crimes Act 1961
* With intent to cause GBH
* To any person
* Injures
* Any person
Injuring with intent (Elements)
Section 189(2) Crimes Act 1961
* With intent to injure any person or With reckless disregard for the safety of others
* Injures
* Any person
Aggravated Wounding (Elements)
Section 191(1) Crimes Act 1961
* With intent to
o Commit or facilitate the commission of any imprisonable offence or
o To avoid the detection of himself or any other person in the commission of an imprisonable offence or
o To avoid arrest or facilitate the escape of himself or any other person upon the commission or attempted commission of any imprisonable offence
* Wounds or Maims or Disfigures or Causes GBH to any person or
* Stupefies or
* Renders any person unconscious or
* By any violent means renders any person incapable of overcoming resistance
* Any person
Avoid arrest (Definition)
Harm is caused to enable the offender(s) to easily escape or prevent capture
Avoid arrest (Case Law)
R v WATI:
Must be proof of the commission or attempted commission of a crime by person committing the assault or person whose arrest or escape he intends to avoid or facilitate
Aggravated wounding Intent (Case Law)
R v TIHI: Together with intents mentioned a – c it must be shown the offender meant to cause harm or could see his actions would likely expose others to the risk of suffering it
Stupefies (Definition)
Make stupid, groggy, insensible. Dull the senses
Stupefies (Case Law)
R v STURM:
Cause an effect on a persons mind or nervous system which will interfere with their mental or physical ability to act in a manner that might hinder a crime
Cause by any violent means (Definition)
Does not have to be physical but can also be threats of violence depending on the circumstances
Cause by any violent means (Case Law)
R v CROSSAN:
Incapable of resistance. Powerlessness of the will and physical incapacity
Aggravated Injury (Elements)
Crimes Act 1961 Section 191(2)
* With intent to
o Commit or facilitate the commission of any imprisonable offence or
o To avoid the detection of himself or any other person in the commission of an imprisonable offence or
o To avoid arrest or facilitate the escape of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Injures any person
Aggravated Assault (Elements)
Crimes Act 1961 Section 192(1)
- Who assaults any other person with intent to
- Commit or facilitate the commission of any imprisonable offence or
- To avoid the detection of himself or any other person in the commission of an imprisonable offence or
- To avoid arrest or facilitate the escape of himself or any other person upon the commission or attempted commission of any imprisonable offence
Aggravated Assault Constable (Elements)
Crimes Act 1961 Section 192(2)
- Assaults any
- Constable or any person acting in aid of any constable or
- Any person in the lawful execution of any process
- With intent to obstruct the person so assaulted in the execution of his duty
Doctrine of transferred malice
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, under the Doctrine of Transferred Malice
Transferred malice (Case Law)
R v HUNT
The defendant, while breaking into another man’s stables, was caught by the property owner and his servant. Hunt attempted to stab the property owner with a knife, but in the ensuing struggle he unintentionally inflicted a superficial cut to the servant’s wrist.
