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
Definition: Injure
Cause actual bodily harm
Case Law: Reckless
Cameron v R
R v Tipple
Crimes Act Section 189(1)
Injuring with Intent to GBH
Elements: Section 189(1)
(Injuring with Intent)
- With intent to cause GBH
- To any person
- Injures
- Any person
Case Law: Bodily Harm
R v McArthur
Crimes Act Section 189(2)
Injuring with intent (Reckless)
Definition: Reckless
Consciously and voluntary decision to take a risk.
Crimes Act Section 191(1)
Aggravated Wounding
Elements: Section 191(1)
Aggravated Wounding
- With intent
(a) to commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or of 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 render unconsiois any person or by any violent means renders any person incapable of resistance.
Definition: Facilitate
Means to make possible or make easy/easier
Case Law: Commit or facilitate commission of any imprsionable offence
R v Sturm(20)
Definition: avoid detection of himself or another person in the commission or attempted commission of any imprisonable offence.
Avoid being caught (During)
Definition: Avoid arrest or facilitate flight of himself or another person in the commission or attempted commission of any imprisonable offence.
Cause harm to make it easier to escape or prevent capture (After)
Case Law: With intent to avoid arrest or facilitate the flight of himself or any other person in the commission or attempted comission of any imprisonable offence.
R v Wati
Definition: Stupefies
To cause an effect on the mind or nervous system of a person, preventing their physically or mental capability to prevent the offence or fight back
Definition: Render Unconscious
Cause to lose consciousness
Definition: By any violent means causes any person to be incapable of resistance
Violent means may be physical or threatened, depending on the circumstances.
Incapable of resistance is the inability to fight back (pointing a gun at them).
What is the doctrine of transferred malice?
The Defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another.
Case Law: GBH
DDP v Smith
Case law: Stupefies
R v Sturm
Case Law: By any violent means renders any person incapable of resistance.
R v Crossan
