Serious Assaults Case Law Flashcards
CAMERON v R
188(2) & 189(2)
Recklessness is established if;
1. Recognition that actions would bring about the proscribed result
AND/OR
2. The proscribed circumstances were reasonable
AND
Having regard to that risk the actions were unreasonable
R v TAISALIKA
188(1) & 189(1)
“The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent”
R v COLLISTER
Intent could be inferred from the circumstances
R v TIPPLE
As a general rule, ‘recklessness’ is to be given a subjective meaning.
R v HUNT
It is not necessary that the person suffering the harm was the intended victim - Doctrine of Transferred Malice
R v MCARTHUR
“Bodily Harm” includes any hurt or injury that interferes with health or comfort. Need not be permanent but must be more than transitory or trifling.
DPP v SMITH
‘Bodily harm’ needs no explanation and ‘grievous’ means no more or less than really serious.
R v MWAI
Not limited to the immediate harmful consequences of the offenders’ actions
R v WATERS
A wound is the ‘breaking of the skin evidence by the flow of blood’. Internal or external.
R v RAPANA & MURRAY
‘Disfigure’ covers not only permanent damage but also temporary
R v DONOVAN
‘Bodily harm’ includes and hurt or injury calculated to interfere with health or comfort and need not be permanent but must be more than merely transitory and trifling.
R v CHAN-FOOK
Actual bodily harm can include psychiatric injury if medical evidence confirms an identifiable clinical condition
R v TIHI
S. 191 CA 1961
In addition to (a)-(c) it must be shown that the offender meant to cause the specified harm or foresaw that actions undertaken were likely to expose others to the risk of suffering it
R v STURM
S. 191(1)(a) CA 1961
It is not necessary for the prosecution to prove that the intended crime was actually subsequently committed.
R v WATI
S. 191(1)(c)
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 of flight he intends to avoid or facilitate
