Serious Assaults Flashcards
What is the definition of ‘Wound’ and name the case law that relates.
A wound is a ‘breaking of the skin evidenced by the flow of blood. May be internal or external.
R v Waters
What is Section 188 (1) of the Crimes Act 1961 and what is the max penalty of imprisonment?
Wounding with intent- 14 years.
What is Section 188 (2) of the CA 1961 and what is the max penalty of imprisonment?
Wounding with intent - 7 years.
What is Section 189 (1) of the Crimes Act 1961 and what is the max penalty of imprisonment?
Injuring with Intent- 10 years.
What is Section 189 (2) of the Crimes Act 1961 and what is the max penalty of imprisonment?
Injuring with intent - 5 years.
What is the definition of injury?
Actual bodily harm
What is the definition of intent and what is one of relevant case law?
Deliberate act to gain a specific result.
R v Taisalika - the nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
What is the definition of disfigures and name and define the relevant case law.
Deform, deface, to mar or alter the figure of appearance of a person.
R v Rapana and Murray- disfigure covers not only permanent damage but also temporary damage.
Name the elements of Wounding with intent- Section 188 (1) CA1961
With intent to cause GBH
To any person
Wounds OR Maims OR disfigures OR causes GBH
To any person
Name the elements of Injuring with intent- Section 189 (1) CA1961
With intent to cause GBH
To any person
Injures
Any person
Name the elements of Aggravated Wounding- Section 191 (1) (a) CA1961
With intent
Before - to commit or facilitate the commission of any imprisonable offence.
Wounds OR maims OR disfigures OR causes GBH to harm any person OR stupefies, OR renders unconscious any person, or by any violent means renders any person incapable resistance.
Name the elements of Aggravated Wounding- Section 191 (1) (b) CA1961
With intent
During- to avoid the detection of himself or of any person in the commission of any imprisonable offence.
Wounds OR maims OR disfigures OR causes GBH to harm any person OR stupefies, OR renders unconscious any person, or by any violent means renders any person incapable resistance.
Name the elements of Aggravated Wounding- Section 191 (1) (c) CA1961
With intent
After- to avoid the arrest of facilitate the flight of himself or of any other person upon the commission of attempted commission of any imprisonable offence
Wounds OR maims OR disfigures OR causes GBH to harm any person OR stupefies, OR renders unconscious any person, or by any violent means renders any person incapable resistance.
Name the elements of Injuring with intent- Section 189 (2) CA1961
- With intent to injure any person OR with reckless disregard for the safety of others
- Injures
-Any person
What 3 points can be inferred from an offenders intent?
(R v Collister)
- The offenders actions and words before, during and after the event.
- The surrounding circumstances.
- The nature of the act itself.
Name the relevant case law to ‘injures’.
R v MCARTHUR- ‘Bodily Harm’ includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory and trifling.
Explanation for DPP v SMITH
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.
Explanation of R v Wati and what does it relate to?
It relates to Aggravated Wounding.
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 avoid or facilitate.
Explanation of R v Tihi
It must be shown that the offender meant to cause the harm or foresaw that the action undertaken by him were likely to expose others to the risk of suffering it.
Explain Transferred Malice.
Mistaken identity or intended to harm one person but miss and harm another person.
They will be still be liable due to Doctrine of Transferred Malice.
Section 189A of the Crimes Act 1961 is what?
Strangulation or Suffocation.
Is positional asphyxiation covered by this section?
No, unless pressure is applied to the applicable areas.
What needs to happen during Strangulation or Suffocation?
A.) blocking that other person’s nose, mouth, or both.
B.) applying pressure on, or to, that other persons throat, neck, or both.
Explain R v Crossan.
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity. Taking away and detaining are “separate and distinct offences”.
