Serious Assaults Flashcards
Define intent for a serious assault.
A person does something intentionally if they mean to do it; they desire a specific result and 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”.
AND
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.
AND SOMETIMES
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.”
Definition of grievous bodily harm.
Grievous bodily harm 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”.
Discuss the findings in regards to the nature of a wound in 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.”
Define disfigured.
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”.
How does case law define ‘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’ definition.
Acting recklessly involves consciously and deliberately taking an unjustified 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.”
Discuss the concept of facilitating the commission of any offence.
Facilitate the commission
To make possible or to make easier.
R v Sturm
Under section 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed”.
Discuss the findings in case law in regards to proof of commission or attempted commission in s191(1)(c).
R v Wati
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.
Definition of ‘stupefy’ in case law.
R v Sturm
To “stupefy” means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.
Discuss ‘by any violent means renders the person incapable of resistance’?
Any violent means
Includes the application of force that physically incapacitates a person.
R v Crossan
“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.
Discuss the concept of avoiding detection.
Avoid detection
Offences under section 191(1)(b) arise during the commission of an imprisonable offence, where the offender causes the specified harm to prevent himself or another person from being caught in the act.
Define imprisonable offence.
s5, Criminal Procedures Act
Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.
