Wounding Flashcards
Name, Act, Section, Subsection and punishment for Wounding with intent got cause GBH
Section 188(1) CA 1961 - 14 years
Ingredients to Wound with Intent
With intent to cause GBH
To any person
Wounds, maims, disfigures or causes GBH
To any person
In criminal law there are two specific types of intention in an offence what are they?
-Intention to commit the act
- Intention to get a specific result
The onus is on who to prove the offenders intent?
The prosecution, must be proved beyond reasonable doubt
Circumstantial evidence from which an offenders intent can be inferred can include?
The offenders actions and words before, during and after the event.
The surrounding circumstances
The nature of the act itself
In serious assault cases additional circumstantial evidence that may assist i proving an offenders intent may include?
Prior threats
Evidence of premeditation
The use of a weapon
Whether any weapon used was opportunistic or purposely brought
The number of blows
The degree of force
The body parts targeting by the offender ie head
The degree of helplessness or resistance of the victim (eg unconscious)
R v Taisalika
The nature of the blow and the gash it produced points strongly to the necessary intent
Degree of harm means if there was intent to do GBH it is …
It is immaterial whether grievous harm is done. The question is not what the wound is but what wound was intended.
Define GBH and what case law relates?
Harm that is really serious. CL - DPP v Smith
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less that really serious
Can bodily harm include psychiatric injury?
Yes. But it does not included mere emotions ie fear, panic etc.
Eg - Defendant performs indecent act on victim while unconscious. Victim has no recollection but once he learned of them they had a profound psychological impact on him.
Psychiatric injury must be identified by an appropriate specialist.
Explain wounds.
Wound involves the breaking of the skin and flowing of blood either internally or externally
R v Waters
The breaking of the skin evidenced by the flow of blood, either externally or internally.
Explain the difference between Wounding vs GBH
The term wounds, maims, disfigure refer to the type of injury caused whereas the term grievous refers to the degree or seriousness of the injury.
Definition of Maiming
Disabling a part of the body so as to deprive the victim of the use of a limb or one of the senses. Must be permanent weakness or loss
Definition of Disfigurement and CL that relates?
Deform or deface, to mar or alter the appearance of a person.
R v Rapana and Murray
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage
Explain the Doctrine of Transferred Malice
Person suffering the harm need not be the intended person. The offender is still criminally liable even if accidental victim ie mistaken Identity or force intended for one person effects another
Injury vs GBH
Where the harm is at the lower end of the scale of seriousness it may amount to an injury.
Where it is higher on the scale it may amount to a wounding, maiming or disfiguring depending on the nature of it or to GBH depending on its seriousness.
Name Act Section and Punishment for - Wounding with intent to injure
Section 188(2) Crimes Act 1961 7 years
The term injure is defined in S2 of the Crimes Act 1961 as what?
To cause actual bodily harm
What case law relates to “Actual bodily harm”?
R v Donovan
R v Donovan
Bodily harm includes any hurt or injury that interferes with the health of the victim. It need not be permanent but must be more than transitory or trifling.
Can actual bodily harm include psychiatric injury?
Yes if medical evidence confirms an identifiable clinical condition.
Ingredients for Wounding with intent to injure?
With intent to injure
Any person
Causes GBH/wounds/maims or disfigures
Any person
Name Act Section punishment for Wounding with Reckless Disregard
S 188(2) Crimes Act 1961 7 years
Ingredients for Wounding with reckless disregard
With reckless disregard for the safety of others
Wounds/maims/disfigures/causes GBH
To any person
Acting recklessly means what?
Involves consciously and deliberately taking an unjustifiable risk
Case law that relates to recklessness is ?
Cameron v R
Cameron v R
Recklessness is established if
- the defendant recognised that there was a real possibility that
- his of her actions would bring about the proscribed result
And/Or - That the proscribed circumstances existed and
Having regard to that risk those actions were unreasonable
What four points of initial action are critical to remember
Guard
Control
Freeze
Preserve
The assault is serious what four steps do you take in relation to collecting forensic evidence from the victim
Arrange full medical exam using MEK
Obtain full dr report on victims injuries
Assign constable to stay with victim provide onsite sitter. Consider dying statement.
Obtain photos of victims injuries
What further enquires can be made
Interview all witnesses/ get statements
Interview and statements of medical staff
Consider if offender is known and interview if appropriate
Prepare photo montage
Consider media release
CCTV enquiries
As information is received eliminate suspects
What four steps to follow when interviewing a supect
Interview suspect and obtain statement
Note and photograph any injuries
Consider full medical exam by Dr to obtain forensics
If poss get voluntary dna sample
