Assaults Flashcards
What are the five elements of intentionally causing serious injury in circumstances of gross violence
A - the complainant suffered a serious injury
B - The accused caused the complainant serious injury
C - The accused intended to cause serious injury
D - The injury was caused in circumstances of gross violence
E - The accused acted without lawful jurisdiction or excuse
Gross violence is classified as one or more of the following six items
The offender planned in advance to Engage In conduct at the time of the planning
I - The offender intended that the conduct would cause serious injury
Ii- The offender was reckless as to whether the conduct would cause serious injury
Iii- A reasonable person would have seen that the conduct would likely be Result in a serious injury
2 - The offender in company with two or more other persons caused the serious injury
3 - The offender participated in a joint criminal enterprise with two or more persons in causing the serious injury
4 - the offender planned in advance to have with him or her and use an offensive weapon firearm. Or imitation firearm and the fact use the offensive weapon, firearm or imitation firearm to cause the serious injury.
5 - The offender continued to cause injury to the other person after the other person was incapacitated
6 - The offender caused a serious injury to the other person while the other person was incapacitated
What are the four components of intentionally cause serious injury
1- The complaint suffered a serious injury
2 - The accused caused the complainant’s serious injury
3 - The accused intended to cause serious injury
4 - The accused acted without lawful jurisdiction or excuse
What is the definition of injury
Physical injury or harm to mental health Where the temporary or permanent
What is the definition of serious Injury
An injury including the cumulative effect Of more than one injury that
In danger’s life or is substantial and protracted
The destruction other than in the course of a medical procedure of the foetus of a pregnant woman, whether or not the woman suffers any other harm
How to mental health includes psychological harm but does not include what
Emotional reaction such as distress grief fear or anger unless it results in psychological harm
What five aspects that are included in the definition of physical injury
1 -Unconsciousness
2- disfigurement
3 - substantial pain
4 - infection with disease
5 - An impairment of bodily function
What are the four elements for intentionally cause injury
1 - the complainant suffered an injury
2 - the accused caused the complaints injury
3 - The accused intended to cause the injury
4 - the accused acted without lawful Justification or excuse
Recklessly causing serious injury in the circumstance of gross violence is heard in which court
County court
Recklessly causing serious injury is heard in which court
Magistrates court
It’s an indonesian offense trial summarily
The accused was aware that serious injury was merely possible or mite result. After their recklessness is that enough for the charge of intentionally called serious injury
Though the charge of seriously cause injury needs to be probable or likely, any accused had to intentionally know that was the result.
What is the penalty for causing serious injury recklessly
Level four imprisonment fifteen years maximum
What is the penalty for causing injury recklessly
Level six imprisonment Five years maximum
What is the penalty of causing injury Intentionally
Level five imprisonment ten years maximum
What are the four elements of the offence form negligently caused serious injury
The accused owed the complainant, a duty of care.
2 - The accused breached the duty by criminal negligence
3 - The act which breached the duty of care was committed consciously voluntarily and deliberately
4 - The accused breach of the duty caused the Complainant to suffer a serious injury.
