Violence - Serious Assaults CIB 010 Flashcards
Section 188(1) CA 1961
With intent to GBH
To any person
Wounds, maims, disfigures or cause GBH
To any person
14 years
Section 188(2) CA 1961
With intent to injure or reckless disregard to the safety of others
Wounds, maims, disfigures or cause GBH
To any person
7 years
Section 189(1) CA 1961
With intent to GBH
To any person
Injures
Any person
10 years
Section 189(2) CA 1961
With intent to injure or reckless disregard to the safety of others
Injures
Any person
5 years
Section 191(1)(a)(b)(c) CA 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
(c) Avoid the arrest or facilitate the flight of himself or any other person in the commission of any imprisonable offence
Wounds, maims, disfigures or causes GBH, stupefies, renders unconscious any person by any violent means renders any person incapable of resistance
Any person
14 Years
Section 191(2) CA 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
(c) Avoid the arrest or facilitate the flight of himself or any other person in the commission of any imprisonable offence
Injures any person
7 years
Section 192(1)(a)(b)(c) CA 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
(c) Avoid the arrest or facilitate the flight of himself or any other person in the commission of any imprisonable offence
Assaults
Any person
3 years
Section 192(2) CA 1961
Assaults
Any constable, any person acting in aid of a constable or any person in the lawful execution of his duty
With intent to obstruct the person so assaulted in the execution of his duty.
3 Years
Intent
There are two specific types of intent, firstly an intent to commit the act and the second an intent to produce a specific result.
R v Collister
The offenders intent inferred from the circumstances. The offenders actions or words said, before, during or after, the surrounding circumstance and the nature of the act itself.
DPP v Smith or GBH
Bodily harm needs no explanation, grievous means no more and no less than really serious.
R v Taisalika
The nature of the blow and the gash it produced will strongly point towards the necessary intent.
Any person
Gender neutral , proven by judicial notice or circumstantial evidence.
R v Waters or Wounds
A wound is the breaking of the skin, evidence by the flow of blood either internally or externally
Maims
Maiming involves mutilating, crippling, or disabling part of the victim’s body so as to deprive them of the use of a limb or one of the senses. It has to have some degree of permanence.
Disfigures
Means to deform, deface, mar or alter the figure or appearance of a person. It does not need to be permanent.
R v Rapana and Murray
Disfigures covers not only permanent damage but also temporary damage.
Injure
Actual bodily harm
To cause actual bodily harm.
ACTUAL BODILY HARM
May be internal or external, but need not be permanent or dangerous. It can also include psychiatric injury proven by an expert.
R v Donovan
Donovan states bodily harm is calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory or trifling.
Recklessness
Recklessness is the deliberate undertaking of unjustified risk.
Cameron v R
The defendant knew the proscribed circumstances existed, knew his actions would bring about the proscribed result, and having regard to that risk, his actions were unreasonable.
Facilitate
To make easier, or to make it possible.
Avoid detection
To prevent themselves or another being caught in the act.
Facilitate the flight
Facilitate the flight arises after the offence has been committed or attempted. The prosecution must prove the offence had been committed or attempted.
R v Tihi
In addition to the intentions of a – c it must be shown the offender meant to cause specified harm or foresaw the actions were likely to expose others to the risk.
R v Wati
There must be proof of the crime being committed or attempted. The prosecution must prove the offence had been committed or attempted.
Stupefies - R v Sturm
Means to cause an effect on the mind or nervous system which seriously interferes with their ability to hinder the intended crime.
Render
Cause to be… or cause to become.
Violent means
Not limited to just physical violence, it can also include threats of violence depending on the circumstances.
Render incapable of resistance - R v Crossan
Mere threats may not in itself be sufficient to satisfy violent means.
Assault
intention to apply or attempt to apply force to another
ADDITIONAL CIRCUMSTANTIAL EVIDENCE TO SHOW INTENT
P Prior threats
B Body parts targeted
W Weapon opportunistic or brought along
U Use of a weapon
N Number of blows
D Degree of force used
E Evidence of premeditation
R Resistance or helplessness of victim
DEGREE OF HARM
Wounding, maiming, disfiguring need not be grievous. If there was intent to do GBH then it’s immaterial whether harm was grievous or not, it is what was intended. The fundamental question is what wound was intended, not what wound was caused.
GBH refers to
Grievous refers to the degree of harm, rather than to the nature of it or how it was caused. As long as the harm is serious it need not involve life threatening or permanent injury.
PSYCHIATRIC INJURY
Bodily harm may include psychiatric injury but does not include mere emotions. The injury should amount to an identifiable clinical condition, proven by expert evidence.
Delay
Section 188 is not limited to the immediate harmful consequences of the offender’s actions. The link between the actus reus and the outcome is a physical one, but not a temporal one. The effects may be delayed, but they are affects none the less.
DOCTORINE OF TRANSFERRED MALICE
It is not necessary that the person harmed was the intended victim. Mistaken identity or harm intended for someone else bit accidentally inflicted on another still incurs criminal responsibility.
Recklessness
The defendant must be aware of the risk (subjective) and the taking of that risk must be unreasonable (objective). The risk does not need to be considered significant or likely or probable, it only needs to be known to exist.
AGGRAVATING INJURING
Has the same/ one of the intents listed under section 191(1)(a) (b) or (c) however the outcome to the victim is injury.
Assault Investigation
I Initial action
V Victim’s condition
S Statements
E Evidence
F Further enquiries
I Interviewing the suspect
C Charging
