Serious Assaults Liabilities Flashcards
Wounding with intent
s188(1) Crimes Act 1961 Everyone who with intent to cause GBH to any one wounds, maims, disfigures or causes GBH to anyone
s188(2) Crimes Act 1961 Everyone who with intent to injure anyone or with reckless disregard for the safety of others wounds, maims, disfigures or causes GBH to any person
Intent
2 parts, a deliberate act or omission and an intent to produce a specific result
Proving Intent in serious assault cases
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 (i.e. head) degree of resistance or helplessness of the victim (i.e. unconscious)
R v TAISALIKA
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
Degree of Harm
Wounding, maiming or disfiguration need not be grievous, in in causing that harm the defendant had the intent to cause really serious harm.
DPP v SMITH
“Bodily Harm” needs no explanation and “grievous” means no more and no less than “really serious”
R v WATERS - flowing water
Wounding is a breaking of the skin, evidenced by the flow of blood. Can also be internal bleeding.
Wounds
bleeding
Maim
mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or a sense.
Disfigure
to deform or deface, or mar or alter the figure or appearance of a person
R V RAPANA and MURRAY
the word “disfigure” overs permanent and temporary damage
The doctrine of transferred Malice
the person suffering the harm need not be the intended victim
Injure
to cause actual bodily harm
R v DONOVAN
Bodily Harm - includes any hurt or injury that interferes with the health or comfort of the victim. Doesn’t need to be permanent but needs to be more than trifling
Recklessness
consciously and deliberately taking an unjustified risk
R v HaRney
Recklessness means the concious and deliberate taking of an unjustified risk
Injuring with intent
s189(1) Crimes Act 1961 Everyone who with intent to cause GBH to anyone injures any person
s189(2) Crimes Act 1961 Everyone who with intent to injure anyone or with reckless disregard for the safety of others injures any person
Aggravated Wounding or Injury
s191(1) Crimes Act 1961
Everyone who
with intent
(a) To commit or facilitate the commission of any imprisonable offence
or
(b) To avoid detection of himself or any other person in the commission of any imprisonable offence
or
(c) To avoid arrest or facilitate flight of himself or any other person upon commission or attempted commission of any imprisonable offence
wounds, maims or disfigures or causes GBH to any person
or stupefies or renders unconcious any person
or
by any violent means renders any person incapable of resistance
s191 (2) Crimes Act 1961
as above but injures
R v TIHI
in addition to the specific intents in a, b , c of s191, it also must be shown that the offender meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
Facilitate
to make possible or easier to commit the imprisonable offence, it is immaterial whether he actually commits the intended offence
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
to stupefy - means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime
Renders unconcious
cause to be or to become unconcious
Aggravated Assault
s192(1) Crimes Act 1961
Everyone who
assaults
any person
with intent-
(a) To commit or facilitate the commission of any imprisonable offence
(b) To avoid detection of himself or any other person in the commission of any imprisonable offence
or
(c) To avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of an
imprisonable offence
s192(2) Crimes Act
Everyone who assaults
any Constable
or
any person acting in aid of any constable
or
any person in the lawful execution of any process
with intent to obstruct
the person so assaulted in the execution of his duty
Proving Aggravated Assault
Prove assault
All three:
intention to apply or attempt to apply force
application or attempted application of force (directly or indirectly)
threat to apply force in circumstances where the victim believes the offender will be able to carry out the threat
then
Prove Intent to commit, help to commit, avoid detection or arrest, or facilitate flight after committing an imprisonable offence
Discharging firearm or doing dangerous Act with intent
s198(1) Crimes Act Everyone who with intent to do GBH (a) Discharges any firearm, airgun or similar weapon at any person or (b) Sends or delivers to any person, or puts in any place, any explosives or injurious substance or device or (c) Sets fire to any property
s198(2) Crimes Act With intent to Injure or with reckless disregard for the safety of others does any of (a), (b) or (c)
R v PEKEPO
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient. An intention to shoot that person must be established.
Firearm
defined by s2 Arms Act 1983
When is offence complete for s198
(a) when the firearm actually discharges
(b) when the explosives/injurious substance/Device is sent/delivered or put in place. However it must have the capacity to explode or cause injury.
Property
s2 Crimes Act 1961
Property includes real and personal property, any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action and any other right or interest
Using any firearm against law enforcement officer
s198A(1), Crimes Act 1961
Everyone who
uses any firearm in any manner whatever against
any constable, traffic officer, prison officer
acting in the course of his or her duty
knowing that or being reckless whether or not
that person is a member of the Police, a traffic officer, or a prison officer
s198A(2) Crimes Act 1961 Everyone who uses any firearm in any manner whatever with intent to resist lawful arrest/detention of himself or any other person
R v SWAIN
The deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of s198A Crimes Act 1961
Police v PARKER
using a firearm also includes using it in a way not normally used, i.e. as a club
Knowing
The defendant must know the victim is a police officer and know that the officer is acting in the course of his duty. or to be reckless as to those facts
knowing means knowing or correctly believing… the defendant may believe something wrongly but cannot “know” something that is false.
FISHER v R
It is necessary in order to establish a charge under s198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established
Commission of an imprisonable offence with a firearm
s198B(1) Crimes Act 1961
Everyone who
(a) In committing an imprisonable offence uses any firearm
or
(b) while committing any imprisonable offence,
has any firearm
with him or her
in circumstance that prima facie show an intention to use it in connection with that imprisonable offence
Has with him/her
Both a physical and mental component must be proved.
Physical requires physical custody or control. This can be actual or potential
Mental is a combination of both knowledge that the person possess the item and an intention to possess it.
