Violence Flashcards
Wounding with Intent (GBH). Act and section
Crimes act 1961 section 188(1)
Wounding with intent (injure) act and section
Crimes act 1961 section 188(2)
Elements of: Crimes act 1961 section 188(1)
Wounding with intent (GBH)
- With intent to cause GBH
- to any one
- wounds, maims, disfigures, causes GBH
- to any person
Elements of: Crimes Act 1961 Section 188(2)
Wounding with Intent (injures)
- with intent to injure anyone OR with reckless disregard to for the safety of others
- wounds, maims, disfigures, causes GBH
- to any person
Intent - 2 specific types of intent
Related case law
- intent to commit the act
- intention to get a specific result
R v collister
Circumstantial evidence from which an offenders intent may be inferred
- Prior threats
- Premeditation
- The use of a weapon
- If any weapon was used, was
opportunistic or purposely brought - The number of blows
- The degree of force used
- Body parts targeted
- Degree of resistance or helplessness from the victim
R v Taisalika
Re: intent
The nature of the blow, and the gash which it produced would point strongly to the presence of necessary intent
(Polynesian guy hitting someone with a machete)
GBH definition
Related case law
Harm that is really serious
DPP v Smith
DPP v SMITH
Re; GBH
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
Bodily harm includes psychiatric injury, but does not include…
Mere emotions such as fear, distress, panic or a hysterical or nervous condition
R v chan fook
R v Waters
Re; wounds
(“Wounding waters”, water - flowing - blood flowing)
Wounding involves the parting or breaking of the skin causing blood to flow
Internal or external
Wound - definition
Related case law
Wound is the parting or breaking of skin, causing the blood to flow
R v Waters
Difference between wounding and GBH
Wound/maims/disfigures referred to the type of injury caused
Grievous refers to the degree or seriousness of the injury
(Page 11)
Maims definition
Depriving another of the use of their members/limbs (mutilating, crippling, or disabling)
Rendering them less able to fight or defend them self
Disfigure definition
Related case law
Deform, deface or alter appearance
Does not need to be permanent
R v Rapana and Murray
R v Rapana and Murray
Re; disfigures
Disfigure covers not only permanent damage but also temporary damage
(2 guys (R&M) dipping someone’s hand into hot oil - temporarily disfigured but able to be fixed with skin grafts)
Doctrine of transferred malice
The person suffering the harm does not need to be the person the defendant intended to harm
Still criminally responsible
R v hunt
Injure definition
Related case law
To cause actual bodily harm
Internal or external and doesn’t need to be permanent or dangerous
R v Donovan
R v Donovan
Any hurt or injury that interferes with the health or comfort of the victim.
More than trifling or transitory
Reckless definition
Related caselaw
Conscious and deliberate undertaking of unjustified risk
Cameron v R
Cameron v R
Re; reckless
The defendant recognize real possibility that the actions would bring about prescribed result, and the prescribed circumstances existed. And, having regard to that risk, those actions were unreasonable.
Injuring with intent (GBH) act and section
Crimes act, section 189 (1)
Crimes act section 189(1) elements
Injuring with intent (GBH
-With intent to cause grievous bodily harm
-To any person
-injures
-Any person
Injuring with intent (reckless) act and section
Crime act, section 189(2)
Crimes act section 189(2) elements
Injuring with intent (reckless)
-with intent to injure any person OR with reckless disregard for the safety of others
-injures
-Any person
Aggravated wounding - act and section
Crimes act 1961 section 191(1)
Crimes act 1961 section 191(1) elements
Aggravated wounding
-with intent
- (a) to commit facilitate the commission of any imprisonable offense OR
- (b) to avoid the detection of himself, or of any other person in the commission of any imprisonable offense 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
-Wounds or maims or disfigures or causes grievous bodily harm to any person or stupefy or renders unconscious any person, or by any violent means renders any person incapable of resistance
Aggravate definition
To make worse or more serious
The offending is aggravated by the fact that the offender caused harm to the victim, and the process of committing some other offense
R v Tihi
(Twofold test for intent )
Re; aggravated
Intention to commit an imprisonable offense
Intention to cause specified harm or foresaw their actions were likely to cause harm
(Teehee laughing - tent skit in Austin powers, 2 x in”tents”)
Facilitate definition
To make possible or to make easy or easier
R v Wati
Re; aggravated wounding
They must be proof of the attempt or commission of the crime by the person committing the assault
(Wati = what is the offence?)
Stupefies definition
Related case law
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 make stupid
Dull the senses
Make groggy
R v Sturm
R v Sturm
Re; facilitate
- must prove that an imprisonable offense was committed
Re; stupefies
Cause an effect on mind and nervous system, which seriously interferes with the mental/physical ability
“Violent means” definition
Related case law
Physical application of force, may include threat of violence
R v Crossan
R v Crossan
(Robbery)
Re; violent means
Incapable of resistance includes powerlessness of the will as well as physical incapacity
Eg - holding a gun to head and threats to shoot if you don’t comply
(Crossan - don’t cross me = scared - powerlessness)
Aggravated assault act and section (person)
Crimes act section 192(1)
Crimes act section 192(1) elements
Aggravated assault
- with intent
- (a) to commit or facilitate the commission of any imprisonable offense OR
-(b) to avoid the detection of himself or of any other person in the commission of any imprisonable offense - (c) to avoid the arrest, or facilitate the flight of himself, or of any other person upon the commission or attempted commission of any imprisonable offence
- assaults any person
Aggravated assault act and section (constable)
Crimes act section 192(2)
Crimes act section 192(2) elements
Aggravated assault (constable)
- Assaults
- any constable or any person a ting in aid of any constable or any person in the lawful execution or any process
- with intent to obstruct the person
Discharging a firearm, or doing dangerous act with intent - act and section
Crimes act 1961 section 198(1) a b or c
Crimes act section 198(1) elements
Discharging firearm, or doing dangerous act with intent
- With intent to do GBH
- (a) discharges, any firearm, airgun, or other similar weapon at any person OR
- (b) sends, or delivers to any person, or put in any place, any explosive or injurious substance or device OR
- (c) set fire to any property
R v Pekepo
Re; firearms intent
Must establish an intention to shoot a person
A reckless discharge of a firearm in the general direction of a passerby who happens to be hit, is not sufficient proof
Discharge definition
To fire or to shoot
Firearm definition
Anything from which any shot bullet missile or other projectile can be discharged by force of explosive
Includes anything adapted repaired dismantled, and dangerous airgun
Airgun definition
Anything from which compressed air or gas is used to discharge any shot bullet missile or other projectile
Explosive definition
Substance or mixture or combination, which, in its normal State is capable of decomposition at such rapid rates, as to result in an explosion or pyrotechnic effect
Injurious substance definition
Something capable of causing injury, or harm to a person
Eg - anthrax powder
Offense complete when an explosive or injurious substance is sent/delivered etc
R v collister
Surrounding circumstances, actions, words, and nature of the act can point towards intent
Using any firearm against law, enforcement officer, etc. Act and section
(Constable etc)
Crimes act section 198A (1)
Crimes act section 198A(1) elements
Using any firearm against enforcement officer, etc.
- 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, being reckless whether or not that the person is a constable traffic officer, prison officer, so acting
Using any firearm against law enforcement officer etc act and section
Avoid..
Crimes act 1961 section 198A(2)
Crimes act 1961 section 198A(2) elements
Using any firearm against law enforcement etc
- uses any firearm in any manner whatever
- with intent to resist the lawful arrest or detention of himself/herself/any other person
Fisher v r
Police v Parker
Re; firearms, whatever manner
Short of actually firing the weapon .
To use the firearm in a manner that it’s not normally used. (Eg using it to hit someone over the head)
(Parker - parking manner - manner used)
R v swain
Re; firearm; uses in any manner whatever
To 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
(Swain don’t be a pain)
Fisher v R
Re; intent to resist arrest
It must be proved that they knew an attempt was being made to arrest/detain him/her
(Men’s rea)
(Fish - catch a fish)
Commission of an imprisonable offense with a firearm - act and section
(Uses)
Crimes act 1961 section 198B(1)(a)
Crimes act section 198B(1)(a) elements
Commission of an impris offense with a firearm
- in committing any imprisonable offense
- uses any firearm
Commission of a imprisonable offense with a firearm act and section
(Has with)
Crimes act 1961 section 198B(1)(b)
Crimes act 1961 section 198B(1)(b) elements
Commission of inpris offense with a firearm
- while committing any imprisonable offense
- has any firearm with him or her
- in circumstances that prima facie shows an intention to use it in connection with that imprisonable offense
“Uses any firearm” includes..
Firing or presenting a firearm, or displaying it in a menacing manner
(does not extent to the use of a firearm as a club, like when accompanied by “any manner whatever”)
Explain “Has with him” in regards to firearms
Related case law
Offender must knowingly have the firearm with them, mere possession is not enough
Knowingly had custody or control of it, available and at hand to use while committing offense
R v cox
R v kelt - must knowingly have firearm with them. Very close physical link and control