Serious Assaults Flashcards
Wounding with Intent to GBH
With intent to cause grievous bodily harm
To any person
Wounds or mains or disfigures or causes grievous bodily harm
To any person
Wounding with Intent to Injure
With intent to injure any person or with reckless disregard for the safety of other
Wounds or mains or disfigures or causes grievous bodily harm
To any person
Injures with Intent to GBH
With intent to cause grievous bodily harm
To any person
Injures
Any person
Injures with Intent to Injure
With intent to injure any person or with reckless disregard for the safety of other
Injures
Any person
Aggravated Wounding
With intent:
To commit or facilitate the commission of any imprisonable offence; or
To avoid detection of himself or of any other person in the commission of any imprisonable offence; or
To avoid the arrest or facilitate the flight of himself or of any other person upon the cmossion of or attempted of any imprisonable offence-
Wounds or mains or disfigures or causes grievous bodily harm, or stupifies or renders unconscious any person or by any violent means renders any person incapable of resistance.
Intent
Must be an intention to commit the act and secondly an intention to get a specific result. Deliberate act.
R v Taisalika
Nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
R v Collister
Words and actions of offender, before/after/during, nature of offence and circumstances surrounding.
DDP v Smith
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than really serious.
Wound
R v Waters: A wound is breaking of the skin evidenced by the flow of blood. Maybe internal or external.
R v Waters
A wound is breaking of the skin evidenced by the flow of blood. Maybe internal or external.
Grievous Bodily Harm and case law
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than really serious.
Maim
Involves mutilating, crippling, disabling a part of the body/senses or deprive of
its use. Must be some form of Permanence.
Disfigures and case law
Deform or deface, alter figure or appearance of person. R v Rapana and Murray
R v Rapana and Murray
Disfigures covers both permanent but also temporary damage.
Doctrine of transferred malice
A person suffering injury need not be the intended person. Still liable even if an accidental victim e.g mistaken identity or force intended for one person affects another.
R v McArthur
‘Bodily Harm’ means hurt or injury that interferes with the health or comfort of the victim.
Recklessly
Consciously and deliberately ran a risk, Unreasonable risk to take.
Cameron v R
Recklessness is established if defendant knew actions would
bring the result and circumstances existed and understood risk was unreasonable.
R v Tipple
Reckless means knowing of the risk and acting anyway.
Injure
Actual bodily harm.
R v Sturm
Not necessary to prove the intended crime was committed.
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 whose arrest or flight be intended to avoid or facilitate.
R v Tihi
The offender means to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
Stupefies
R v Sturm (2) – to cause an effect on the mind or nervous system of a person, interferes with the person’s mental or physical ability to act (fight back or stop the offence)
R v Crossan
Incapable of resistance = powerless of the will as well as a physical inability.
By any violent means
Renders any person incapable of resisting, “violent means” is not limited to physical violence and may iinclude threats of violence, depending on the circumstances.
Aggravated Wounding (a)
a) To commit or facilitate the commission of any imprisonable offence:
Aggravated Wounding (b)
b) To avoid detection of himself or of any other person in the commission of any imprisonable offence:
Aggravated Wounding (c)
c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission of or attempted of any imprisonable offence:
