Case Law Flashcards
(24 cards)
Explain R v Callister?
What offence does it relate to?
The offenders intent can be judged on the following;
1.The actions of the offender before, during and after the event.
2.The surrounding circumstances.
3.The nature of the offence.
Used for intent generally for all applicable offences.
Explain R v Taisalika
What does this reference?
Where would you use this case law?
Using this helps identify the intent of assault in exam answer.
The nature of the injuries that was sustained point strongly to the presence of the necessary intent that caused this.
Explain R v Rapana & Murray
Dealing with disfigurement.
Disfigure covers not only the permanent damage but also temporary damage.
Explain DPP v Smith
Hint: dealing with GBH
‘Bodily harm needs no explanation and grievous means no more or no less than really serious’
Explain R v Waters
Hint: Wounds
A wound is breaking of the skin with existence of blood flow. Can be internal or external.
Explain R v Tipple
Hint: Recklessness
Requires the knowledge of being so or having appreciation of risk. But made the deliberate decision to run the risk.
Explain R v Donovan
Hint: harm/injuries sustained
Bodily harm includes any hurt or injury that is set to interfere with the health or comfort of the victim.
It need not be permanent but must be more than merely temporary or trifling.
Explain R v TIHI
Hint: intent, relates to s191 agg wounding
It must be shown the offender meant to cause specified harm or foresaw their actions undertaken were likely to exposed others to the risk of suffering it.
Explain R v Wati
Hint: Proof of the commission of the crime committed
There must be proof of the commission or attempted commission of a crime by either the person committing the crime or person who is avoiding arrest or facilitate flight.
Explain R v STURM
Hint: relates to s191 (1)(a)
To stupefy means to cause an effect on the mind or nervous system of a person which seriously interferes with that persons mental or physical ability to offer resistance.
Explain R v Crossan
Hint:
Explain R v Crossan
Hint: incapable of resistance
s191 Agg Wounding factor
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
Define intent
Hint: act & result
There must be an intention to:
Commit a deliberate act.
To get a specific result.
Define ‘wounds’
Breaking of the skin with a flow of blood. May or may not be serious.
Define ‘Maims’
Hint: Limb or senses
Mutilating, crippling or disabling a body part so as to deprive victim of the use of a limb or senses.
Define ‘disfigures’
To deform, deface, alter the figure or appearance of a person.
Does not need to be permanent.
Remember: R v Rapana & Murray
NAME the elements to
Wounding with intent to cause GBH
With intent to cause GBH
To any person
Wounds
Any person
Name the act & section for an intent to cause GBH wounding charge.
With the intent proven
CA61 s188(1) 14yrs imprisonment
Explain transferred malice
Not necessary that the person suffering the harm was the intended victim. Where mistaken identity of a person or harm inflicted on another is accidental he/she is still criminally responsible.
What is the case law for Recklessness?
Cameron v R
Recklessness is established if;
(a) defendant recognised that there was real possibility that:
(i) their actions would bring a forbidden result and/or
(ii) the forbidden circumstances existed; and
(b) having regard to that risk their actions were unreasonable.
What is meant by stupefy?
What is the case law supporting this?
Means to induce a state of stupor, groggy or insensible, to dull the senses or faculties.
R v Sturm
Means to cause an effect on the mind or nervous system which really interferes with victims mental/ physical ability in any way.
Incapable of resistance.
What is the difference between
What is the difference between GBH & wounds?
Wounds, maims and disfigures refer to type of injury caused.
Grievous refers to the degree or seriousness of the injury.
What are the elements of wounding with intent reckless disregard?
Name act & section.
CA61 s188 (2) 7yrs imprisonment
•With reckless disregard for the safety of others
•Wounds, maims, disfigures or causes GBH
•To any person
