Serious Assaults Flashcards
What is the definition of Wounds
In R v Waters wounds is defined in the breaking of the skin and the flowing of blood either externally or internally.
What is the legislation behind Wounding with intent to Injure
Section 188 CA 1961
Wounding with intent,
Subsection (1) everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to cause GBH to any one, Wounds, Maims,disfigures, or causes GBH to any person
Subsection (2) Everyone is liable to imprisonment for a term not exceeding 7 years who with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures or causes GBH to any person
What is way to prove intent
Intent can be inferred from the Circumstances R v Collister
what is a another way to prove intent
the court held that in R v Taisalika that 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.
GBH?
Harm that is really serious.
What does disfigurement mean
Disfigure means to deform or to deface, the disfigurement need not be permanent R V Rapana and Murray.
Doctrine of Transferred malice
It is not necessary when the person suffering the harm was the intended victim.
Actual bodily harm
may be internal or external and it need not be permanent, in R v Donovan it was held that it can include any hurt or injury calculated to interfere with the health or the comfort of the victim.
Recklessness
Acting recklessly involves consciously and deliberately take an unjustifiable risk. In R v HARNEY it was held that it mean that the conscious and deliberate taking of an unjustified risk.
The defendant consciously and deliberately ran a risk (subjective test)
That the risk was one that was unreasonable to take in the circumstances as they where known to the defendant.
Aggravated wounded definition under legislation
(1) Everyone is liable to imprisonment for a term not exceeding 14 years who with intent.
(a) To commit or facilitate the commission or any imprisonable offence ( gona do shit) or
(b) to avoid the detection or himself or any other person in the commission of a imprisonable offence (doing shit) or
(c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
Wounds, maims, disfigures or causes GBH to any person or stupifies or renders unconscious any person, or by any violent means renders any person incapable of resistance.
(2) Everyone is liable to imprisonment for a term not exceeding 7 years who with any such intent as foresaid, injures any person.
What must also be held with aggravated wounding
In addition to A B or C being present intent must also be proved, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it. R V Tihi the second half will be proved by r v Taisalika.
Stupefy
Means to induce a state of stupor IE make stupid, groggy or insensible: to dull the senses or faculties. in R v Sturm it was held it means to cause an effect on the mind or nervious system of a person, which really seriously interfers with that persons mental or physical ability to act in any way which might hinder an intended crime.
What is the definition of Wounds
IN R v Waters it was held that a wound is the break in the skin and the flowing of blood is either externally or internally.
Definition of Injures
Means to cause actual bodily harm
Define the term Recklessness
Involves consciously and deliberately taking an unjustifiable risk.
What is the two case laws for serious assault regarding intent
R v Taisalik: The nature of the blos and gash which is produced on the complainant’s head would point to the suggestion to the presence of the necessary intent
q v Colister: Intent can be inferred from the circumstances
What is gonna do shit
Section 191(1)(a) To commit or Facilitate the commission of any imprisonable offence.
What is doing shit
Section 191(1)(b) To avoid detection of himself or of any other person in the commission of any imprisonable offence
What is done shit
Section 191(1)(c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission of any imprisonable offence
In a criminal law context there are two specific types of intention in an offence, what are they
Deliberate Act: Intent means that act or ommission must be done deliberately. The act or omission must be more than involuntary or accidental.
Intent to produce a result: Is an intent to produce a specific result
What is r v collister
Intent can be inferred from the circumstances
What is r v taisalika
The nature of the blow and the gash which It produced on the complainant’s head would poi t strongly to the presence of the neccassry intent.
What is dpp v smith
Bodily harm needs no explanation and grevious means no more and no less then really serious
R v waters
Wound involves the breaking of the skin in the flowing of the blood either externally or internally
R v rapuna and murry
Disfigure or deface need not be permanent damage but also temporary damage
R b donavan
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 then transitory and trifling.
R v harney
Recklessness means the conscious and deliberate taking of an unjustified risk
R v tihi
Then addition to one of these specific intents outlined In paragraphs A B or C It must be showing that the offender either mean to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it
R v storm aggravated
Under section 191(a) it is not necessary for the prosecution to prove the intended crime was subsequently committed
R v sturm stupefy
To stupify mains to cause-and-effect on the mind or nervous system of a person, which really seriously interfered with that person’s mental or physical ability to act in any way which might hinder an intended crime
R v wati
Relation to section 191(1)(c) there must be proof that 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
