Serious Assault Flashcards
Define intent.
A deliberate act to get a specific result.
R v Taisalika
Intent: The nature of the blow and the gash it produced point strongly to the necessary intent.
R v Collister
Intent: C/E used to infer offenders intent includes:
Actions or words before, during, after event.
Surrounding circumstances.
Nature of act itself.
Define GBH.
Harm that is really serious.
DPP v Smith
Bodily harm needs no explanation. Grievous means no more and no less than really serious.
R v Water
Wounds: The breaking of skin, and flowing of blood. Can be internal or external.
Define maims.
Deprive the Victim use of one of their limbs or senses. There needs to be some permanence.
Define disfigures.
Deform
Deface
Mar
Alter
the figure or appearance of a person.
D.A.M.D
R v Rapana and Murray.
Disfigures: disfigures covers not only permanent damage but also temporary damage.
Define the doctrine of transferred malice.
The intended Victim does not need to be the person that is actually harmed so long as the offender had the intent to harm a person.
Define injures.
To cause actual bodily harm.
R v Mcarthur
Bodily harm includes any hurt or injury calculated to interfere with the Victims health or comfort. Needn’t be permanent but more then transitory and trifling.
What two things must be proved if recklessness is an element.
The defendant consciously and deliberately ran a risk. (Subjective test)
The risk was unreasonable to take in the circumstances as they were known to the defendant. (Objective test)
Cameron v R.
Recklessness is established if:
The defendant recognised there was a real possibility that:
His actions would bring about a prescribed result and/or
That the prescribed circumstances existed and
Having regard to that risk those actions were unreasonable.
