SERIOUS ASSAULTS Flashcards
Criminal liability
Wounding with intent to cause GBH
Section 188 (1), crimes act 1961
14 years
- With intent to cause grievous body harm
- To anyone
- Wounds or Maims or disfigures or causes GBH
- any person
Criminal liability
Wounding with intent
Section 188 (2)
7 years
1.with intent to injure anyone
Or with reckless disregard for the safety of others
2.wounds or maims or disfigures or causes GBH
3.to any person
Criminal liability Injuring with intent Section 189 (1) 10 years
- with intent to cause grievous body harm
- to anyone
- injures
- any person
Criminal liability
Injuring with intent
Section 189 (2)
Five years
1.with intent to injure anyone or
With reckless disregard for the safety of others
2.Injures
3.any person
Criminal liability
Aggravated wounding
Section 191 (1) (a) or (B) or (C)
14 years
1.with intent to commit or facilitate the commission of any imprisonable offence or
Avoid detection of himself or any other person in the commission of an imprisonable offence or
To avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
2.wounds or maims or disfigures or causes GBH or stupefies or renders unconscious or by any violent means render so the person incapable of resistance
3.any person
Criminal liability
Aggravated injuring
Section 191 (2)
7 years
1.with intent to commit or facilitate the commission of any imprisonable offence or
Avoid detection of himself or any other person in the commission of an imprisonable offence or
To avoid arrest or facilitate flight of him self or any other person upon the commission or attempted commission of any imprisonable offence
2.injures
3.any person
Define intent
Mean to do it they desire a specific result and act with the aim or purpose of achieving
R v Mohan
A decision to bring about, in so far as it lies with in the accused power, the commission of the offence
R v Waaka
A f or p t is n s, there m b a f I or a f p t e the a.
R v Taisalika
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.
Define GBH
H t I r s
DPP V SMITH
B harm n n ex and g m n m and n l t r s.
Define to anyone
G n. P b j n or c.
Define wound
The breaking of the skin would be commonly regarded as the characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, and it’s occurrence at the site of a blow or impact, the wound will more often than not be external. But there are cases where the bleeding which evidences the separation of tissues may be internal.
R v Waters
Define maims
Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. Need to be some degree of permanence.
Define disfigures
To disfigure means to deform or to deface, to mar or altar the figure or appearance of a person
R v Rapana and Murray
Disfigures case law
The word disfigures covers not only permanent damage but also temporary damage
R v Donovan
Bodily harm case law
B h 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.
Define reckless disregard
A r I c and d t an u r.
Define recklessness
R v Harney
R I f of d c that c w h, t with an I to c the c of c r of the r.
R v Tihi
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 likely to expose others to risk of suffering it.
To facilitate the commission
To make possible or to make it easy or 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.
Define
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 him self or another person from being caught in the act.
Define
To facilitate flight
To make possible or to make easy or easier. The specified harm is caused to enable the offenders to more easily effect there Escape or to prevent their capture after the commission or attempted commission of imprisonable offence.
Define what is an imprisonable offence
Section 5 criminal procedure 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.
R v Wati
Intent and offence proven
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.
Define stupefies
To stupefy means to cause any 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
Define renders in conscious
To render a person unConscious, the offenders actions must cause the victim to lose consciousness
R v Crossman
Define incapable of resistance
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity
