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.