Serious Assaults Flashcards
Wounding with Intent
S188(1) CA 1961 (14yrs)
- ingredients
- With intent to cause GBH
- To any person
- Wounds OR Maims OR Disfigures OR causes GBH
- To any person
Wounding with Intent to Injure / …
S188(2) CA 1961 (7yrs)
- ingredients
- With intent to injure any person OR
with reckless disregard for the safety of others - Wounds OR Maims OR Disfigures OR causes GBH
- To any person
Injuring with Intent to cause GBH
S189(1) CA 1961 (10yrs)
- ingredients
- With intent to cause GBH
- To any person
- Injures
- Any person
Injuring with Intent Injure / …
S189(2) CA 1961 (5yrs)
- ingredients
- With intent to injure any person OR
with reckless disregard for the safety of others - Injures
- Any person
Aggravated Wounding
S191(1) CA 1961 (14yrs)
- Ingredients
- With Intent:
a) To commit or facilitate the commission of any imprisonable offence OR
b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence OR
c) To avoid the arrest or facilitate the flight of himself or of any other person in the commission or attempted commission of any imprisonable offence - Wounds OR Maims OR Disfigures OR causes GBH to any person OR Stupefies OR Renders unconscious any person OR by any violent means renders any person incapable of resistance
- To any Person
Aggravated Injury
S191(2) CA 1961 (7yrs)
- Ingredients
- With Intent:
a) To commit or facilitate the commission of any imprisonable offence OR
b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence OR
c) To avoid the arrest or facilitate the flight of himself or of any other person in the commission or attempted commission of any imprisonable offence - Injures
- Any Person
What is Intent?
- A deliberate act,
2. for a specific outcome
When recklessness is an element in an offence, what must be proved
- The defendant recognised that there was a real possibility that;
a) his or her actions would bring about the prescribed result; AND/OR
b) that the prescribed circumstances existed; AND - Having regard to that risk those actions were unreasonable
What is “Bodily Harm”?
R V MCARTHUR
Includes any hurt or injury that effects the health or comfort, need not be permanent but must be more than transitory and trifling
What is “Grievous Bodily Harm”?
DPP V SMITH
Harm that is really serious.
(Also includes psychiatric injury
R V CHAN-FOOK)
What is the “Doctrine of Transferred Malice”?
It is not necessary that the person suffering the harm was the intended victim.
(R V HUNT)
Aggravated - Intent (a-c) meaning
R V TIHI)
The prosecution must satisfy a two-fold test (R V TIHI)
- That the defendant intended to facilitate the commission of the imprisonable offence AND
- They intended to cause the specified harm, or was reckless as to that risk
Aggravated - Facilitate meaning
R V STURM
To make possible or to make easy / easier
Provided they have the necessary intent at the time the harm is caused,
it is immaterial whether they actually commit the intended crime or not. (R V STRUM)
Aggravated - Flight and Escape (c)
R V WATI
Specified harm is caused to enable the offender/s to effect their escape or capture more easily.
It must be proved that an imprisonable offence was committed, or attempted, before they can be convicted for aggravated wounding after escaping it. (R V WATI)
Aggravated - Stupefies
R V STURM
To induce a state of stupor, to make stupid, groggy, insensible, to dull the senses or faculties.
“To Stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way that might hinder on the intended crime” - R V STURM
