Serious assaults extra Flashcards
Circumstantial evidence from which an offenders intent may be inferred can include:
ACN
- Offenders actions and words, before, during, and after the event
- surrounding circumsances
- nature of the act itself
In serious assault cases, what additional circumstantial evidence can assist in proving an offenders intent?
Before during before bed
Before during Be-Fore BeD
- prior threats
- evidence of premeditation
- use of a weapon
- was weapon opportunistic or purposely brought
- number of blows
- degree of force used
- body parts targeted (eg head)
- degree of helplessness or reistance from victim (unconscious)
GBH
As long as the harm caused is serious it need not involve life threatening or permanent injury
Psychiatric injury s.188
Includes “bodily harm” that is really serious psychiatric injury identified as such by appropriate specialist evidence.
Does not include mere emotions such as fear, distress, panic, or a hysterical or nervous condition.
Doctrine of Transferred Malice
It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured or where harm intended for one person accidentally inflicted on another, he is still criminally responsible, under the doctrine of transferred malice, despite the wrong target being struck.
Injury vs GBH
This is a matter of fact for determination in each case.
Injury is harm at the lower end of the scale of seriousness.
Where it is higher on the scale it may amount to wounding, maiming or disfiguring depending on the nature of it, or GBH depending on its seriousness.
Actual bodily harm
May be internal or external, and it need not be permanent or dangerous.
Includes recognised psychiatric illness.
S.188 vs S.189
The sections differ only in the level of injury inflicted.
The mens rea requires by the two sections is identical.
