Serious Assaults Flashcards

1
Q

R v Donovan

A

Bodily harm includes any hurt or injury interfering with the health and comfort of the victim.

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2
Q

R v Rapana and Murray

A

Disfigure covers permanent and temporary damage.

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3
Q

R v Waters

A

Wounds involve the breaking of the skin and the flowing of blood, either internally or externally

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4
Q

R v Taisalika

Intent. Wounding.

A

The nature of the blow and the gash produced point strongly to the intent

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5
Q

DPP v Smith

A

Bodily harm needs no explanation, grievous means no more or no less than really serious.

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6
Q

Cameron v R

A

Recklessness is established if ;
- the defendant realised that there was a real probability
- his actions would bring about the prescribed result and
- Knowing that risk, those actions were unreasonable.
-

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7
Q

GBH

DEF + CASE LAW

A

DEF: harm that is really serious.

DPP V SMITH: “bodily harm” needs no explanation, and grievous means no more and no less than really serious.

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8
Q

Maiming def

A

Mutilating, crippling, or disabling a part of the body, deprive of the use of a limb, or senses.

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9
Q

Disfigurement def

A

Deform or deface, mar or alter the figure or appearance of a person.

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10
Q

Injure def

A

To cause bodily harm

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11
Q
A
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12
Q

Proving intent in serious assaults

8 points

A

1) prior threats
2) evidence of premeditation
3) use of a weapon
4) wether the weapon was opportunistic or purposely brought.
5) the number of blows
6) body parts targeted by the offender
7) degree of resistance from victim
8) degree of force

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13
Q
A
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14
Q

Facilitate def

Aggravated wounding

A

Make possible or make easier

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15
Q

Sec 188(1) liability

A

Wounds with intent to GBH
Crimes Act 1961, Section 188(1)

  • With intent to cause GBH
  • To any person
  • Wounds, maims, disfigures or causes GBH
  • To any person
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