Serious Assaults Flashcards
What makes a serious assault
Intent
Result
What determines outcome of a serious assault
Seriousness of the harm
Intent
The intention to do a deliberate act and the intention to get a specific result
Section 188 (1) CA 1961 and ingredients
Wounding with intent
- with intent to cause GBH
- to any person
- wounds OR mains OR disfigured OR caused GBH
- to any person
Section 188 (2)
Wounding with intent
- 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
Section 189 (1) CA 1961
Injuring with intent
- with intent to cause GBH
- to any person
- injured
- any person
Section 189 (2) CA 1961
Injuring with intent
- with intent to injure any person OR with reckless disregard for the safety of others
- injures
- any person
Section 191 (1) (a) CA 1961
Aggravated wounding (gonna)
- with intent to commit or facilitate the commission of any imprisonable offence
- wounds OR maims OR disfigures OR causes GBH to any person OR stupefies OR renders unconscious any person OR by any violent means renders the person incapable of resistance
Section 191 (1) (b)
Aggravated wounding (doing)
- with intent to avoid the detection 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 unconscious any person OR by any violent means renders the person incapable of resistance
Section 191 (1) (c)
Aggravated wounding (done)
- with intent to avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted of any imprisonable offence
- wounds OR maims OR disfigures OR causes GBH to any person OR stupefies OR renders unconscious any person OR by any violent means renders the person incapable of resistance
R v Taisalika
The nature of the blow and the gash which it produced point strongly to the presence of necessary intent.
Use to prove intent
Case law for proving intent
R v Taisalika
- nature of the blow and the gash it produced point strongly to the presence of the necessary intent
R v Collister
- offender’s actions and words before, during and after the event
- surrounding circumstances
- nature of the act
R v Collister
Intent
- offender’s actions and words before, during and after the event
- surrounding circumstances
- nature of the act
R v Rapana and Murray
Disfigure covers not only permanent damage but also temporary damage
Disfigure
To reform or deface, to mar or alter the figure or appearance of a person
Maims
Depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or annoy his adversary
DPP v Smith
Harm that is really serious
GBH
Harm that is really serious
DPP v Smith
R v Waters
Wounds
A wound is breaking the skin evidenced by the flow of blood. External or internal
R v Donovan
Bodily harm
Includes any hurt or injury calculated to interfere with the health or comfort of the victim
It need not permanent but most no doubt be more than merely transitory or trifling
Bodily harm
R v Donovan
Includes any hurt or injury calculated to interfere with the health or comfort of the victim
It need not permanent but most no doubt be more than merely transitory or trifling
Cameron v R
Recklessness is established if:
- defendant recognised that there would be a real possibility that
A) his actions would bring about the proscribed result and/or
B) that the proscribed circumstances existed and - having regard to that risk those actions were unreasonable
Recklessly
The conscious and deliberate taking of an unjustified risk
- a prudent person
Cameron v R
R v Tipple
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk and it may be said that it requires “a deliberate decision to run the risk”
R v Tihi
Offender meant to cause the specified harm to facilitate (a-c)
AGGRAVATED WOUNDING
R v Sturm
It is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
Aggravated wounding (b)
R v Wati
Proof of 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 avoid of facilitate.
AGGRAVATED WOUNDING (C)
R v Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
AGGRAVATED WOUNDING
Case law for aggravated wounding
R v Tihi (a,b,c)
R v Sturm (b)
R v Wati (c)
R v Crossan - incapable of resistance
