Serious Assaults Flashcards
R v Taisalika
‘Intent’
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
DPP v SMITH
‘GBH’
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than really serious.
R v Waters
‘Wound’
A wound is ‘breaking the continuity of the skin’ evidenced by a flow of blood. May be internal or external.
Cameron v R
‘Recklessness’
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that
(i) his or her actions would bring about the proscribed result and
(ii) that the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable.
R v Donovan
‘bodily harm’
Bodily harm includes hurt or injury calculated to interfere with the health or comfort of the victim… It need not be permanent, but must, no doubt, be more than merely transitory and trifling.
R v Rapana and Murray
‘Disfugures’
Disfigures covers not only permanent damage but also temporary damage.
R v Sturm
‘Stupefy’
To stupefy means to cause an effect on the mind or nervous system which seriously interferes with the mental and physical ability to act in any way which might hinder an intended crime.
R v Crossan
AGGRAVATED WOUNDING
‘Incapable of resistance’
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
R v Tihi
AGGRAVATED WOUNDING
Intention to commit an Imprisonable offence.
Intention to cause specified harm or foresaw their actions were likely to cause harm.
R v Collister
‘Intent’
Circumstantial evidence. Actions and words of the offender, before, during and after. The surrounding circumstances. The nature of the act itself.
R v Wati
AGGRAVATED WOUNDING
Must be proof of the attempt or commission of the crime by the person committing the assault.
R v Tipple
‘Recklessness’
Requires the defendant know or have conscious appreciation of risk and makes deliberate decision to run the risk.
