Serious Assaults - Liabilities & Case Law Flashcards
Wounding With Intent
Section 188(1), Crimes Act 1961
- With intent to cause GBH
- To any person
- Wounds or maims or disfigures or causes GBH
- To any person
Wounding With Intent
Reckless
Section 188(2), Crimes Act 1961
- With intent to injure any person or with reckless disregard for the safety of others
- Wounds or maims or disfigures or causes GBH
- To any person
Injuring With Intent
Section 189(1), Crimes Act 1961
With intent to cause GBH
- To any person
- Injures
- Any person
Injuring With Intent
Reckless
Section 189(2), Crimes Act 1961
- With intent to injure any person or with reckless disregard for the safety of others
- Injures
- Any person
Aggravated Wounding
Section 191(1), Crimes Act 1961
- With intent to:
(a) commit or facilitate the commission of any imprisonable offence; or
(b) avoid the detection of himself or any other person in the commission of any imprisonable offence; or
(c) avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence - Wounds or maims or disfigures or causes GBH to any person
- Stupefies or renders unconscious
- By any violent means renders any person incapable of resistance
R v TAISALIKA
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
Relates to: Intent (serious assaults)
R v CAMERON
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and (b) having regard to that risk those actions were unreasonable
Relates to: Recklessness
(Shane Cameron the ex-boxer hiffing a full can of baked beans recklessly into a crowd)
R v MCARTHUR
‘Bodily harm’ includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but it must be more than transitory and trifling.
Relates to: injures
(Mc ARRRRRRRRR Fuck that hurt when he smashed my kneecaps!!!)
DPP v SMITH
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’
Relates to: GBH
R v WATERS
A wound is a ‘breaking of the skin evidenced by the flow of blood’. May be internal or external.
Relates to: wound
(Water flows like blood from a wound)
R v TIHI
In addition to one of the specific intents outlined in paragraphs (a) - (c), it 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.
Relates to: aggravated wounding
(Te he he - Naughty giggle knowing that they were exposing others to the agg wounding)
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 person’s mental or physical ability to act in any way which might hinder an intended crime.
Relates to: stupefy
(Sturm - Sperm - Rape: man threatens a woman with a gun to make her stop struggling and submit to being raped, whether or not he rapes her. If he commits rape - separate charge).
It is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
Relates to: Facilitate commission
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
Application: aggravated wounding
(‘WAT’ the hell is ‘I’ doing with that knife!?!)
R v CROSSAN
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
Relates to: incapable of resistance
(They CROSS over)
R v COLLISTER
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
Relates to: Intent
( Big ‘C’ - Circumstantial)
