SERIOUS ASSAULTS - Ingredients => Definitions Flashcards
With intent to cause GBH
(same as ‘Discharges Firearm definiton less R v TAISALIKA)
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 within the accused’s 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.
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.
Grievous Bodily Harm
Can be defined simply as harm that is really serious.
DPP V SMITH
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.
RTS
To Anyone
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
RTS
Wounds
OR
Maims
OR
Disfigures
OR
Causes GBH
Wound
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.
OR
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.
OR
Disfigures
To deform or deface, to mar or alter the figure or appearance of a person.
Q v RAPANA & MURRAY
Disfigurement does not necessarily involve permanent injury or damage.
OR
Grievous Bodily Harm
Ref 1.1
DPP V SMITH
Ref 1.1
RTS
To Any Person
Person
Ref. 1.2
RTS
With intent to Injure
OR
With reckless disregard for the safety of others
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 within the accuseds 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.
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.
Injure – Section 2, Crimes Act 1961
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.
OR
With 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 of conduct regardless of the risk.
RTS
Injures
Injure – Section 2, Crimes Act 1961
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 mealy transitory or trifling.
RTS
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
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
Intent involves a decision to bring about in so far as it lies within the accused’s 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’.
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 or
or
Facilitate - To make possible or to make easy or easier.
OR
b) Avoid Detection
Offender causes the specified harm to prevent himself or another person from being caught in the act.
OR
c) Avoid Arrest
Acts done by offenders to avoid their own or other’s 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”.
RTS
Wounds
- *OR** Maims
- *OR** Disfigures
- *OR** Causes GBH
- *OR** Stupefies
- *OR** Render unconscious
- *OR** By any violent means renders capable of resistance
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.
OR
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.
OR
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 permanent injury or damage.
OR
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.
OR
Stupefy
R V STURM
To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.
OR
Render Unconscious
To cause to be rendered unconscious. Must cause victim to lose consciousness.
OR
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 a physical incapacity.
RTS
