Serious Assaults Flashcards
Wounding with Intent
Legislation
Section 188 Crimes Act 1961
Wounding with intent
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.
Intent
What is the definition of intent for the purposes of the liabilities?
Go definition, case law
The person means to do it, they desire a specific effect, and they act with the aim or purpose of achieving it
R v Mohan
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”
R v Waaka
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
Proving Intent
In serious assault cases, additional circumstantial evidence that may assist in proving an offender’s intent may include:
(give some examples)
- prior threats
- evidence of premeditation
- the use of a weapon
- whether any weapon used was opportunistic or purposely brought
- the number of blows
- the degree of force used
- the body parts targeted by the offender (eg the head)
- the degree of resistance or helplessness of the victim (eg unconscious).
Intent
What is the case law regarding the presence of intent evidenced by the result of the act?
R v Taisalika
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
GBH
Define GBH
Give case law
GBH can be defined simply as ‘harm that is really serious
_DPP v Smith _
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
Wounds
Define wound using case law
R v Waters
“A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.”
Maims
Define as per required as per liability
Maims
mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses.
Needs to be some degree of permanence
Disfigures
Define as per liability
Cite case law regarding permanence
To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person”.
R v Rapana and Murray
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.
Injure
Define ‘Injure’ as per section 2
Attach case law
Section 2 Crimes Act 1961
Injure
To injure means to cause actual bodily harm.
R v Donovan
’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, no doubt, be more than merely transitory and trifling.
Recklessness
Define as per liability
Cite case law
Recklessness
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
R v Harney
“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”
Injuring with Intent to Injure
Give Legislation
Section 189 Crimes Act 1961
Injuring with intent
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to cause grievous bodily harm to any one, injures any person.
(2) Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person.
**Aggravated Wounding **
Top and sides for wounding and injuring
Section 191 Crimes Act 1961
Aggravated wounding or injury
(1) Every one is liable to imprisonment for a term not exceeding 14 years who with intent—
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence—
wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with any such intent as aforesaid, injures any person.
With intent to commit or facilitate the commission of any imprisonable offence
Cite R v Tihi
What is the two-fold test ?
R v Tihi
In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.”
To commit or facilitate the commission of any imprisonable offence
Define R v Sturm
Why is it only to be used in 191(1)(a)
R v Sturm
Under section 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed”.
Becasue it only relates to 191 (1 )(a)
However told in class it also covers 191 (1)(b)
Facilitate the commission
Define as per liability
To “facilitate” means to make possible, or to make easy or easier.
