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assault > Serious Assaults > Flashcards

Serious Assaults Flashcards

1
Q

What are the ingredients for wounding with intent to Cause GBH?

A
  • With intent to cause GBH
  • To anyone
  • wounds or maims or disfigures or GBH
  • any person
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2
Q

\wounding with intent to cause GBH
What section of the crimes Act 1961?
Imprisonment is ?

A 
Section 188 (1)
14 years imprisonment
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3
Q

Intent definition

A

mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

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4
Q

intent case law R V Mohan

A

A decision to bring about, in so far as it lis within the accud’s power, the commission of the offence

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5
Q

intent case law R V WAAKA

A

A fleeting or passing thought is not sufficent their must be a firm intent or a firm purpose to effect an act.

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6
Q

intent to cause GBH case law R V TAISALIKA

A

The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent.

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7
Q

GBH

A

GBH can be defined as harm that is really serious.

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8
Q

intent GBH case law DPP V SMITH

A

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

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9
Q

TO ANY ONE

A

Gender neutral. proved by judicial notice or circumstantially.

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10
Q

WOUNDS case law R V WATERS

A

a breaking of the skin, would be commonly regarded as a characteristic of a wound. The breaking of the skin WOULD 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 seperation of tissues may be internal.

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11
Q

or MAIMS definition

A

will involve mutilating, cripling or disabling part of the body so the victim is deprived permanently of the use of a limb or one of the senses. Needs to be some degree of permanence.

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12
Q

or Disfigures definition

A

to disfigure means to deform or deface, to mar or alter the figure or appearence of a person.

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13
Q

Disfigures case law R VRapana and Murray

A

The word disfigures covers not only permanent damage but also temporary damage.

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14
Q

GBH definition

A

GBH harm can be defined as simply as harm that is relly serious.

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15
Q

GBH case law DPP V SMITH

A

bodily harm needs no explanation and grevious means no more and no less than really serious.

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16
Q

ANY PERSON

A

gender neutral. proven by judicial notice or circumstantially.

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17
Q

What are the ingredients for wounding with intent to Injure?

A

-with intent to injure anyone
or
-with reckless disregard for the safety of others
-wounds or maims or disfigures or cause GBH
-to any person

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18
Q

Wounding with intent to injure
What Section
What act
term of imprisonment

A

Section 188 (2)
Crimes act 1961
7 years imprisonment

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19
Q

with intent to injure anyone

intent definition

A

mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

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20
Q

Intent case law R V MOHAN

A

a decision to bring about in so far as it lies with the accussed’s power, the commission of the offence.

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21
Q

intent case law R V WAAKA

A

a fleeing or passing thougt is not sufficent, there must be a firm intent or a firm purpose to effect an act.

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22
Q

intent case law R V TALSALIKA

A

the nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent.

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23
Q

INJURE DEFINITION

A

Injure section 2 crimes act 1961

means to cause actual bodily harm

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24
Q

Bodily harm case law R V DONAVAN

A

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 thanmerely transitory and trifling.

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25
Q

OR

WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS -definition

A

acting recklessly involves consciously and deliberately taking an unjustified risk.

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26
Q

RECKLESS case law R V HARNEY

A

Recklessness involves forsight of danerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

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27
Q

WOUNDS case law R V WATERS

A

a breaking of the skin, would be commonly regarded as a characteristic of a wound. The breaking of the skin WOULD 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 seperation of tissues may be internal

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28
Q

or MAIMS definition

A

will involve mutilating, cripling or disabling part of the body so the victim is deprived permanently of the use of a limb or one of the senses. Needs to be some degree of permanence

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29
Q

or Disfigures definition

A

to disfigure means to deform or deface, to mar or alter the figure or appearence of a person.

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30
Q

Disfigures case law R VRapana and Murray

A

The word disfigures covers not only permanent damage but also temporary damage

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31
Q

or GBH definition

A

GBH harm can be defined as simply as harm that is relly serious.

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32
Q

GBH case law DPP V SMITH

A

bodily harm needs no explanation and grevious means no more and no less than really serious.

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33
Q

TO ANY PERSON

A

gender neutral. proven by judicial notice or circumstantially

34
Q

INJURING WITH INTENT TO CAUSE GBH
WHAT SECTION?
WHAT ACT?
TETRM OF IMPRISONMENT

A

SECTION 189 (1)
CRIMES ACT 1961
10 YEARS

35
Q

INJURING WITH INTENT TO CAUSE GBH NAME THE INGREDIENTS?

A
  • with intent to cause GBH
  • to anyone
  • injures
  • any person
36
Q

WITH INTENT TO CAUSE GBH

INTENT definition

A

mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

37
Q

INTENT case law R V MOHAN

A

a decision to bring about inso far as it lies within the acussed’s powerthe commission of the offence.

38
Q

INTENT case law R V WAAKA

A

a fleeing or passing thought is not sufficent, there must be a firm intent or purpose to effect an act.

39
Q

GBH definition

A

GBH harm can be defined as harm that is really serious.

40
Q

BODILY HARM case law DPP V SMITH

A

bodily harm needs no explanation and grevious means no more and no less than really serious

41
Q

TO ANY ONE

A

gender neutral. proven by judicial notice or circumstantially

42
Q

INJURES

A

injures means to cause actual bodily harm

section 2 crimes act 1961.

43
Q

Bodily harm CASE LAW R V DONAVAN

A

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 thanmerely transitory and trifling.

44
Q

ANY PERSON

A

gender neutral. proven by judicial notice or circumstantially

45
Q 
INJURING WITH INTENT TO INJURE
SECTION 189 (2) 
CRIMES ACT 1961
5 YEARS 
WHAT ARE THE INGREDIENTS
A 
-with intent to injure anyone
or
-with reckless disregard for the safety of others
-injures
-any person
46
Q

WITH INTENT TO INJURE ANYONE

intent definition

A

mean to do it they desire a specific result and act with the aim or purpose of acheving it.

47
Q

intent case law R V MOHAN

A

a decision to bring about in so far as it lies within the accused’s power. the commission of the offence.

48
Q

intent case law R V WAAKA

A

a fleeing or passing thought is no sufficent,there must be a firm intent or firm purpose to effect n act.

49
Q

GBH case law R V TALSALIKA

A

the nature of the blow and he gashwhich it produced on the complainants head would point strongly to the presence of the necessary intent.

50
Q

injure

A

means to cause actual bodily harm

section 2 crimes act 1961

51
Q

bodily harm case law RV DONAVAN

A

bodily harm includes any hurt or injury calculated to interfere with the health and comfort of the victim it need not be permanent but mus no doubt be more than transitory and trifling.

52
Q

or

WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS definition

A

acting recklessly includes consciously and deliberately taking an unjustified risk.

53
Q

reckless case law RV HARVEY

A

recklessness invloves forsight of dangerous consequence that could well happen, together with an intention to continue the cause of conduct regardless of the risk.

54
Q

INJURES

A

means to cause actual bodily harm

55
Q

bodily harm case law RV DONOVAN

A

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.

56
Q

ANY PERSON

A

gender neutral proven by judicial notice and circumstantially.

57
Q

Aggravated Wounding
section 191 (1) (a) or (b) or (c)
crimes act 1961
14 years

A

(1) (a) with intent to committ or facilitate the commision of any imprisonable offence
or
(b) with intent to avoid detection of himself or any person in the commission of an imprisonable offence
or
(c) with intent to avoid arrest of facilite flight of himself or any other person upon the commission or attempted comission of any imprisonable offence.

58
Q

INGRDIENTS

A 
WOUNDS 
OR 
MAIMS 
OR 
DIFIGURES
 OR
 CAUSES GBH 
OR 
STUPEIES
 OR RENDERS UNCONSCIOUS OR BY ANY VIOLENT MEANS RENDERS THE PERSON INCAPABLE OF RESISTENCE
ANY PERSON
59
Q

INTENT TO COMMITT

intent definition

A

means to do it they desire a specific result and act with the aim or purpsoe of achieving it.

60
Q

intent case law RV MOHAN

A

a decision to bring about in so far as it lies within the accused’s power the commission of the offence

61
Q

intent case law RV WAAKA

A

a fleeingor passing thought is not sufficent, there must be a firm intent or a firm purpose to effect an act

62
Q

intent gbh

A

the nature and blow and gash which it produced on the complainants head would point strongly to the presence of the neccessary intent.

63
Q

intent case law RV TIHI

A

in addition to one of the specific intents outlined in paragraphs (a) (b) (c) it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likey to expose others to the risk of suffering it.

64
Q

Sub sec (a)

A

facilitate the commission

to make possible or to make easy or easier

65
Q

sub sec (a) case law RV STRUM

A

under 191 (1) (a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

66
Q

or Sub sec (b)

A

avoid detection
offences under section 191 (1)(b) arise during the commission of an imprisonable, where the offender causes the specified harm to prevent himself or another person from being caught in the act

67
Q

or Sub sec (c)

A

facilitate flight
to make possible or to make easy or easier the specified harm is caused to enable the offenders to more easily effect their escape or to prevent their capture after the commission or attempted commission of an imprisonable offence.

68
Q

imprisonable offencesec 5 criminal procedures act 2011

A

imprisonable offence means in the case of an individual an offence punishable by imprisonment for life or by a term of imprisonment.

69
Q

case law RV WATI

A

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 of facilitate.

70
Q

WOUNDS case law RV WATERS

A

a breaking of the skin, would be commonly regarded as a characteristic of a wound. The breaking of the skin WOULD 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 seperation of tissues may be internal

71
Q

or MAIMS definition

A

will involve mutilating, cripling or disabling part of the body so the victim is deprived permanently of the use of a limb or one of the senses. Needs to be some degree of permanence

72
Q

or DISFIGURES definition

A

to disfigure to deform or deface to mar or alter the figure or appearance of a person

73
Q

DISFIGURES case law RV RAPANA and MURRAY

A

The word disfigures covers not only permanent damage but also temporary damage

74
Q

or GBH

A

GBHbodily harm can be defined as harm that is really serious

75
Q

Bodily harm case law DPP v SMITH

A

bodily harm needs no explanation and grevious means no more and no less than really serious

76
Q

or STUPEFIES case law R V STRUM

A

to stupify means to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in a way which might hiner an intended crime.

77
Q

or RENDERS UNCONSCIOUS

A

to render a person unconscious the offenders actions must cause the victim to lose consciouness.

78
Q

or ANY VIOLENT MEANS

A

includes the application of force that physically incapacitates a person

79
Q

violent means case law RV CROSSAN

A

Incapable of resistence includes a powerlessness of the will as well as a physical incapacity.

80
Q

ANY PERSON

A

gender neutral proven by judical by notice or circumstantially

assault (1 decks)

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