Serious Assault Flashcards
Intent Defined
R v Mohan - Intent is the decision to bring about, in so far as it lies within the offenders power, the commission of an offence.
Intent in Serious Assault
R v Taisalika - The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent.
Recklessness Defined
R v Harney - Recklessness involves foresight of dangerous consequences that may well occur, together with an intention to continue the course of conduct regardless of the risk.
Intent Requirement
R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.
Injury Defined
R v Donovan - Bodily Harm includes any hurt or injury calculated to interfere with the comfort or health of the victim. It need not be permanent but must no doubt be more than transitory or trifling.
Aggravated Wounding - Facilitate commission of any imprisonable offence
R v Sturm - Under section 191(1)(a) it is not necessary for the prosecution to prove that the intended crime was actually subsequently committed.
To Stupefy
R v Sturm - 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 which might hinder an intended crime.
GBH Defined
DPP v Smith - Bodily Harm needs no explanation and grievous means no more and no less than really serious.
Wounds Defined
R v Waters - A breaking of the skin would be commonly be regarded as a characteristic of a wound. The breaking of the skin will normally be evidenced by blood flow and in its occurrence at the site of a blow or impact, the wound will more often then not be external. But there may be cases where the bleeding which evidences the separation of tissues may be internal.
Disfigure Defined
R v Rapana & Murray - The term disfigure means not only permanent damage but also temporary damage.
Aggravated Assault - Incapable of Resistance
R v Crossan - Incapable of resistance means not only a powerlessness of the will as well as a physical incapacity
Aggravated Assault - Proof of offence to facilitate flight
R v Wati - There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.
Aggravated Wounding - Proof of intent or recklessness
R v Tihi - In addition to one of the specified intents outlined in paragraphs a - c, it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose other to the risk of suffering it.
