Violence Liabilities, Case Law and definitions Flashcards
Section 188(1) Crimes Act 1961
Wounding with intent
- With intent to cause grievous bodily harm
- To any person
- Wounds OR
- Maims OR
- Disfigures OR
- Causes grievous bodily harm
- To any person
Section 188(2) Crimes Act 1961
Wounding with intent
- With intent to injure any person OR
- With reckless disregard for the safety of others
- Wounds OR
- Maims OR
- Disfigures OR
- Causes grievous Bodily harm
- To any person
Section 189(1) Crimes Act 1961
Injuring with intent
- With intent to cause grievous bodily harm
- To any person
- Injures
- Any person
Section 189 (2) Crimes Act 1961
Injuring with intent
- With intent to injure any person OR
- With reckless disregard for the safety of others
- Injures
- Any person
Section 191(1) Crimes Act 1961
Aggravated Wounding
- With intent to:
a) To commit or facilitate the commission of any imprisonable offence.
b) To avoid the detection of himself or any other person in the commission
c) Avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission - Wounds, maims, disfigures or causes GBH, or stupefies or renders unconscious any person or by any violent means renders any person incapable of resistance
R V WATI
Application: Commission of a crime
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 intents to avoid / facilitate.
R V TIHI
Application: Intent
In addition to one of the specified 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.
R V TIPPLE
Application: Recklessness
Recklessness requires that the offender knows of, or have a conscious appreciation of the relevant risks, and it may be said that it requires “a deliberate decision to run the risk”
R V TAISALIKA
Application: Intent
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
R V RAPANA AND MURRAY
Application: Disfigures
Disfigure covers not only permanent damage but also temporary damage
DPP V SMITH
Application: Grievous bodily harm
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.
R V WATERS
Application: Wound
A wound is the breaking of the skin. Evidenced by the flow of blood. May be internal or external.
R V COLLISTER
Application: Intent
Circumstantial evidence from which an offenders intent may be inferred can include:
- The offenders actions and words before, during and after the event. - The surrounding circumstances - The nature of the act itself
CAMERON V R
Application: Recklessness
Deliberate taking of an unjustified risk
R V MCCARTHUR
Application: Injures
“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 transitory and trifling.
