Serious Assaults Flashcards
R v Donovan
Bodily harm includes any hurt or injury interfering with the health and comfort of the victim.
R v Rapana and Murray
Disfigure covers permanent and temporary damage.
R v Waters
Wounds involve the breaking of the skin and the flowing of blood, either internally or externally
R v Taisalika
Intent. Wounding.
The nature of the blow and the gash produced point strongly to the intent
DPP v Smith
Bodily harm needs no explanation, grievous means no more or no less than really serious.
Cameron v R
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.
-
GBH
DEF + CASE LAW
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.
Maiming def
Mutilating, crippling, or disabling a part of the body, deprive of the use of a limb, or senses.
Disfigurement def
Deform or deface, mar or alter the figure or appearance of a person.
Injure def
To cause bodily harm
Proving intent in serious assaults
8 points
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
Facilitate def
Aggravated wounding
Make possible or make easier
Sec 188(1) liability
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