Serious Assaults Flashcards
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”
a) Commit
To do, perform, perpetrate
a) Facilitate
To make possible or to make easy or easier
b) avoid detection
Offender causes the specified harm to prevent himself or others being caught in the act.
c) avoid arrest
Acts done by offenders to avoid their own or others arrest.
or
or help escape after the commission of a crime or attempted crime.
An imprisonable offence
Normal meaning - any offence punishable by a term of imprisonment.
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.
R V STURM
Under section 191 (1) (a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
R V WATERS
A wound is the breaking in the continuity of the skin with the flow of blood and can be internal or external.
Maims
Will involve mutilating, crippling or disabling a part of the body so the victim is deprived of the use of a limb or one of the senses.
Disfigures
To deform or deface, to mar or alter the figure or appearance of a person
R V RAPANA & MURRAY
Disfigurement does not necessarily involve the permanent injury or damage
Grievous Bodily Harm
GBH can be defined simply as harm that is really serious.
DPP V SMITH
Bodily Harm needs no explanation, grievous means no more and no less than really serious.
Stupefy R V STURM
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 any way which might hinder an intended crime.
Render Unconscious
To cause to be rendered unconscious. Must cause victim to lose consciousness.
Violent means
Includes the application of force that physically incapacitates a person
Incapable of resistance R V CROSSAN
Incapable of resistance includes a powerlessness of the will as well as physical incapacity.
List the Tops and sides for Aggravated Wounding
Aggravated Wounding
Sec 191 (1) (a) (b) or (c) CA61 14 years
1.1 With Intent
a) To commit OR Facilitate the commission of any imprisonable offence
OR
b) To avoid the detection of himself or any other person in the commission of any imprisonable offence.
OR
c) To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
1. 2 Wounds
OR Maims
OR Disfigures
OR Causes GBH
OR Stupefies
OR Render unconscious
OR By any violent means Incapable of resistance
1.3 Any person
List the Tops and sides for Aggravated Injuring
Aggravated Injuring
Sec 191 (2) C.A 61 7 years
- 1 With Intent
a) To commit OR Facilitate the commission of any imprisonable offence
OR
b) To avoid the detection of himself or any other person in the commission of any imprisonable offence.
OR
c) To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
1. 2 Injures
1. 3 Any person
Injure Sec 2 CA1961
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 be more than merely transitory or trifling/
List the tops and sides for Injuring with Intent to cause GBH
Injuring with intent to cause GBH
Sec 189 (1) C.A 61 Penalty 10 years
- 1 With intent to cause GBH
- 2 To any person
- 3 Injures
- 4 Any person
List the tops and sides for Injuring with intent to injure
Injuring with intent to injure
Sec 189 (2) C.A 61 Penalty 5 years
1.1 With intent to injure
OR
with reckless disregard for the safety of others
- 2 Injures
- 3 Any person
List the tops and sides for wounding with intent to injure
Wounding with intent to injure
Sec 188 (2) C.A 61 Penalty 7 years
1.1 With intent to injure
OR
with reckless disregard for the safety of others
1.2 Wounds
or Maims
or Disfigures
or Causes GBH
1.3 To any person
List the tops and sides for wounding with intent to cause GBH
Wounding with intent to cause GBH
Sec 188 (1) C.A 61 Penalty 14 years
1.1 With intent to cause GBH
OR
with reckless disregard for the safety of others
1.2 Wounds
or Maims
or Disfigures
or Causes GBH
1.3 To any person
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.
Intent
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
A decision to bring about in so far as it lies with the accused 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.
Reckless Disregard for the safety of others
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 regardless of the risk.
