SERIOUS ASSAULTS Flashcards
What is the term of imprisonment for a person who, with intent to cause GBH harm to any one, wounds, maims, disfigures, or causes GBH.
14 years
What is the term of imprisonment for a person who, with intent to injure anyone, or with reckless disregards to any one, wounds, maims, disfigures, or causes GBH.
7 years
What is RECKLESS disregard
The offender acts in a way that he foresees is likely to result in injury, but proceeds regardless of the risk and in doing so causes serious harm to the victim
What is the definition of GBH
Really serious harm
DPP V SMITH
What is the definition of a wound
A breaking of the skin and the flowing of blood either externally or internally
What is the definition of maims
Depriving the victim of the use of a limb or one of the senses by mutilating crippling or disabling a part of the body
What is the definition of disfigurement
To deform or deface, to mar alter the figure or appearance of a person
The word disfigures covers not only permanent damage but also temporary damage
Case law
R V Rapana
What is the doctrine of transferred malice
It is not necessary that the person suffering the harm was the intended victim.
What is the definition of injure
To cause actual bodily harm
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, no doubt, more than MERE transitory and trifling
Case law
R v Donovan
What is the term of imprisonment for a person who, with intent to cause GBH harm to anyone, injures any person
10 years
What is the term of imprisonment for a person who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person
5 years
What is the term of imprisonment for aggravated wounding
14 years
What is the term of imprisonment for aggravated injury
7 years