Serious Assaults Flashcards
Crimes Act Section 188(1)
Wounding with intent
What are the two focuses of a serious assault investigation
- The intent of the offender
- The degree of harm suffered by the Victim
Elements: Section 188(1)
(Wounding with intent)
- With intent to cause grevious bodily harm
- To any person
- Wounds or Maims or Disfigures or causes GBH
- To any person
Definition: Intent
There are two specific types of intent.
There must be an intention: To commit the act, and to get a specific result.
- Doing a deliberate act
- Intent to produce a specific result.
Definition: GBH
Harm that is really serious
Circumstantial evidence that may prove intent
- Prior threats
- Evidence of premeditation
- Use of a weapon
- Whether any weapon used was opportunistic or purposely brought
- The number of blows
- The degree of force used
- The body parts targeted by the offender (E.G the head)
- The degree of resistance or helplessness of the Victim (E.G unconscious)
Case Law: Intent
- R v Collister
- R v Taisalika
Definition: Any Person
Gender neutral, accepted by judicial notice or generally proved by circumstantial evidence.
Defintion: Wounds
Breaking of the skin and the flowing of blood, either internally or externally
Case Law: Wounds
R v Waters
Definition: Maims
Mutilate, cripple or disable any body part or sense (E.G blind)
Needs to be some degree of permanence.
Definition: Disfigures
To deform or deface, to mar or alter the figure or appearance of a person
Case Law: Disfigures
R v Rapana and Murray
Crimes Act Section 188(2)
Wounding with intent (reckless)
Elements: Section 188(2)
Wounding with intent (Reckless)
- 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