Other - Serious Assaults Flashcards
Other ways of proving intent
- Prior threats
- Evidence of premeditation
- Use of a weapon
- Weapons opportunistic or bought with
- Number of blows
- Degree of force used
- Body parts targeted
- Degree of resistance or helplessness
Bodily harm - psychological harm
Bodily harm includes really serious psychiatric injury (expert evidence should be called)
More than mere emotions such as fear, distress or panic
GBH - immediate harm
Not limited to immediate harmful consequences e.g. HIV
Doctrine of Transferred Malice
It is not necessary that the person suffering the harm was the intended victim.
If the defendant has a mens rea or a particular crime, carries out the actus reus of the same crime, he is guilty even though the result may be unintended
Actual bodily harm (injury) - psychological harm
Actual bodily harm can include psychiatric injury (expert evidence should be called)
More than mere emotions such as fear, distress or panic
Assault
Intentionally applying or attempting to apply force to the person of another, directly or indirectly
Threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose
Send/delivers/puts in place etc - when offence is complete
Under s198(1)(b) it is not necessary for any explosion to occur. The offence is complete when an explosive is sent, delivered or put in place. However, it must have the capacity to explode or cause injury
Acting in the course of duty
An officer who is acting unlawfully (i.e. using excessive force) cannot be said to be acting in the course of his or her duty
Knowledge - Uses Firearm Against Law Enforcement
The defendant must know:
- The victim is a Police officer, and
- That the officer is acting in the course of his/her duty, or be reckless as to those facts
In regards to subsection (2), the defendant must have:
- Knew an attempt was being made to arrest or detain him or her, or the person he/she was assisting
Use of firearm under subsection (2) - Using Firearm Against Law Enforcement Officer
Firearm can be used in any manner against any person. Not specific to law enforcement officer
Indirect assault
Where force is not applied directly to the victim and includes am intentional action which misses the intended target but strikes an unintended person
