Serious Assaults Flashcards
Name the elements and section/act to Wounding with intent (1)
Section 188(1)
Crimes Act 1961
- With intent to cause GBH
- To any person
- Wounds, or disfigure, or maims, or causes gbh
- To any person
Name the elements and section/act to Wounding with intent (2)
Section 188(2)
Crimes Act 1961
- With intent to injure OR with reckless disregard for the safety of others
- To any person
- Wounds, or disgures, or mains, or causes GBH
- To any Person
Elements, act and section of injuring with intent (1)
Section 189(1)
Crimes Act 1961
- With intent to cause gbh
- To any person
- injures
- any person
Elements, act and section to injuring with intent (2)
Section 189(2)
Crimes Act 1961
- With intent to injure any person OR reckless disregard to the safety of others
- Injures
- any person
Define injure
Means to cause actual bodily harm
Explain R v MCARTHUR
Bodily harm includes hurt or injury calculated to interfere with the health or comfort of the victim. Need to be permanent but must be more than transitory and trifling.
Explain R v TAISALIKA
The nature of the blow and the gash caused strong point to the presence of the necessary intent
What does R v COLLISTER involve?
Circumstantial evidence that can infer an offenders intent
What are the three components to R v COLLISTER
- Words said by the offender before, during and after the event
- surrounding circumstances
- the nature of the act itself
Define recklessness and the relevant case law
CAMERON v R
Recognising that there was a real probability that their actions would bring a proscribed result, and/or the proscribed circumstances existed, and having regard to that risk those actions were unreasonable
What must be proved for an offence to be deemed as reckless?
1) that the offender consciously and deliberately ran a risk (subjective)
2) the risk was unreasonable to take in the known circumstances - would a reasonable person have taken the risk (objective)
Explain R v TIPPLE
(tipple - > triple - > trip on a run)
Recklessness requires the offender knowing or having conscious appreciation of the relevant risk, and requires a deliberate decision to run the risk
Define disfigures
To deform or deface, or alter the appearance of a person
Explain R v RAPANA and MURRAY
(two people - > into two things)
Disfigure covers not only permanent damage but also temporary damage
Define greboous bodily harm
Harm that is really serious
Explain DPP v SMITH
Bodily harm need to explanation and grevious means no more than and no less than really serious
Define bodily harm and relevant case law
It’s the injury or harm calculated to interfere with the health or comfort or any person. It need not be permanent, but must be more than transitory or trifling.
R v MCARTHER
Explain 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 he intends to facilitate.
Explain R v TIHI
Alongside 191(1)(a) - (c), must show the offender meant to cause the specific harm or knew that his actions would likely expose others to harm
Define stupifies
Induce state or stupor, make stupid, or groggy or insensible
Explain R v STURM (2017)
Stupify means to cause an effect on the mind or nervous system of a person, interfering with their mental or physical ability to act in a way which may hinder an intended crime
Explain violent means
It’s not limited to physical violence, but can also be threats of violence depending on the circumstances
Explain R v CROSSAN
Incapable of resistance includes powerlessness of the will as well as physical incapacity
For example - holding a gun to a woman’s head while attempting to rape her
