Serious Assaults Flashcards
Reckless disregard
Consciously and deliberately taking an unjustified risk
Cameron v R
Cameron v R
Recklessness is established when the offender recognised there was a real possibility that his actions would bring the result and the circumstances exist and having regard to that risk those actions were unreasonable.
Intent
With intent to commit a specific act with the intent to produce a specific result
R v Taisalika
The nature of the blow and the gash produced points strongly to the presence of necessary intent.
DPP v Smith
Bodily harm needs no explanation. Grievous means no more and no less than really serious harm.
R v Waters
Breaking of the skin evident by the flow of blood either external or internal.
R v Rapana and Murray
Disfigure covers not only permanent damage but also temporary damage 
Maims
Depriving another of the use of his members to render himself less able to fight or defend himself
Disfigure
Deformed, deface, mar or alter the appearance of a person. Need not be permanent.
R v Donovan
Any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but more than merely transitory or trifling.
R v Tipple
Recklessness requires the offender no of or have appreciation of the risk but makes a deliberate decision to run that risk
Section 189(1)
Injuring with intent
10 years imprisonment
- With intent
- To cause GBH
- To anyone
- Injures
- Anyone
Section 189(2)
Injuring with intent
5 years imprisonment
- With intent to injure anyone OR with reckless disregard for the safety of others.
- Injures
- Any person
Section 188(1)
Wounding with intent
14 years imprisonment
- With intent
- To cause GBH
- To anyone
- Wounds OR disfigures OR maims OR causes GBH
- To any person
Section 188(2)
Wounding with intent
7 years imprisonment
- With intent to injure anyone OR reckless disregard for the safety of others
- Wounds OR maims OR disfigures OR causes GBH
- To any person
Section 191(1)(a)
Aggravated wounding (intent = commit)
14 year imprisonment
- With intent
- To commit or facilitate the commission of an imprisonable offence
- Wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious OR incapable of resistance
- To any person
Section 191(1)(b)
Aggravated wounding (intent=avoid detection)
14 years imprisonment
- With intent
- To avoid detection in the commission of an imprisonable offence
- Wounds OR maims OR disfigures OR causes GBH OR render unconscious OR incapable of resistance
- To any person
Section 191(1)(c)
Aggravated wounding (intent=avoid arrest)
14 years imprisonment
- With intent
- To avoid arrest or facilitate escape upon the commission of an imprisonable offence
- Wounds OR maims OR disfigures OR causes GBH OR render unconscious OR incapable of resistance
- To any person
R v Tihi
Section 191 (1)(a-c)
Intended to facilitate the commission of an imprisonable offence
Offender meant to cause the specified harm or foresaw his actions were likely to expose others to the risk
Examples of circumstantial evidence
Prior threats
Pre-meditation
Weapons
Number of blows
Degree of force
Number of co offenders
R v Wati
Section 191(1)(c)
Must be proof of a commission or attempted commission of a crime by the person committing the assault or by the person whose arrest or flight he intended to avoid or facilitate.
R v Crossan (incapable of resistance)
Incapable of resistance includes the powerlessness of the will as well as physical incapacitation
Aggravated injury
Section 191(2)(a-c)
7 years imprisonment
Same intent as outlined in section 191(1)
- to commit imprisonable offence
- avoid detection
- avoid K9 or facilitate flight of another
Outcome to the victim is injury.
Section 192(1)(a)
Aggravated assault (intent=to do)
3 years imprisonment
- Assaults
- Any person
- With intent
- To commit or facilitate commission of an imprisonable offence
Elements of assault
- Intention to apply or attempt to apply force to another
- Application or attempted application of force whether directly or indirectly
- threaten to apply force and circumstances with a victim believes their offender will carry out the threat
R v Sturm (agg wounding)
Section 191(1)(a)
Not necessary for the prosecution to prove the intended crime was actually committed
Stupifies
To induce a state of stupor, to make stupid, groggy or insensible
R v Collister
Circumstantial evidence
- Nature of the act
- Offender’s words and actions before, during, after the act
- surrounding circumstances
R v Hunt
Wounding, maiming or disfiguration need not be grievous, if in causing that harm the defendant had the intent to cause really serious harm
R v Harney
Subjective - could well happen. Defender need not consider the significant.
Objective – whether a reasonable or prudent person will take the risk
Social utility e.g Russian roulette
Owen v residential health management unit
Also r v Donaldson
Bodily may include psychiatric injury
Does not include emotions
Clinical conditions only
Section 192(2)
Aggravated assault
- Assaults.
- Any constable or person acting an aid of a constable
- With intent to obstruct the person.
- Assaulted them and execution of the duty.
