Serious Assaults Flashcards
(21 cards)
What is section 188(1) CA 1961?
Define the elements of the offence.
Define the maximum imprisonment
Wounding With Intent (to cause GBH)
With intent to cause GBH
To any person
Wounds or maims or disfigures or causes GBH
To any person
14 years
What is section 188(2) CA 1961?
Define the elements of the offence.
Define the maximum imprisonment
Wounding With Intent (to injure, reckless disregard)
With intent to injure any person or with reckless disregard for the safety of others
Wounds or maims or disfigures or causes GBH
To any person
7 years
What is section 189(1) CA 1961?
Define the elements of the offence.
Define the maximum imprisonment
Injuring with Intent (to cause GBH)
With intent to cause GBH
To any person
Injures
Any person
10 years
What is section 189(2) CA 1961?
Define the elements of the offence.
Define the maximum imprisonment
Injuring with intent (to injure, reckless disregard)
With intent to injure any person or with reckless disregard for the safety of others
Injures
Any person
5 years
What is section 191(1) CA 1961?
Define the elements of the offence.
Define the maximum imprisonment
Aggravated Wounding
With intent:
(a) to commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence -
Wounds, or maims, or disfigures, or causes GBH to any person, or stupefies, or renders unconscious any person, or by any violent means renders any person incapable of resistance
14 years
Define intent and cite relevant case law (x2)
Deliberate act (or omission) to gain a specific result. Must be more than involuntary or accidental.
R v Collister (intent)
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
R v Taisalika (intent - GBH)
The nature of the blow and the gash which it produced point strongly to the prescence of the necessary intent
(being intoxicated/loss of memory is not the same as a lack of intent)
Define injures, two specific types of intention, and cite relevant case law
To injure means to cause actual bodily harm.
Must be an intention:
- to commit the act, and
- to get a specific result
R v Mcarthur (R v Donovan) (bodily harm)
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory or trifling.
Can include psychiatric, nervous system, etc injury.
Cite case law for recklessness (x2)
Cameron v R (recklessness)
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that
- his or her actions would bring about the proscribed result; and/or
- that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable
R v Tipple (recklessness)
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.
Define GBH and cite case law
GBH can be defined simply as ‘harm that is really serious’.
DPP v Smith (GBH)
‘Bodily harm’ needs no explanation and ‘grevious’ means no more and no less than ‘really serious’.
Person
Gender neutral, age is not relevant. A victim is a person is accepted. Accepted by Judicial Notice and circumstantial evidence to be a person.
Define wounds and cite case law
R v Waters (wounds)
A wound is a ‘breaking of the skin evidenced by the flow of blood’. May be internal or external
Define maims
Depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary
Involves mutilation, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or one of the senses.
Some degree of permanence.
Define disfigures and cite case law
To disfigure means to deform or deface; to mar or alter the figure or appearance of a person
R v Rapana and Murray (disfigures)
Disfigure covers not only permanent damage but also temporary damage
Cite case law for aggravated wounding (x2 - with intent to commit or facilitate the commission of an imprisonable offence)
R v Tihi (intent)
It must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
R v Sturm (proof of commission)
It is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
Cite case law for aggravated wounding (x1 - to avoid the arrest or facilitate the flight or himself or of any other person upon the commission or attempted commission of any imprisonable offence
R v Wati (no crime no flight)
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 faciliate
Define ‘stupefy’ and cite case law
To induce a state of stupor, to make stupid, groggy or insensible; to dull the senses or faculties
R v Sturm (effect)
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
Definition of render
To cause to be or cause to become
e.g. the offender’s actions must cause the victim to lose consciousness
Definition of violent means (in reference to s191)
The threat of violence or the use of physical violence used to render the person incapable of resistance
Cite case law relevant to being incapable of resistance
R v Crossan (incapacity)
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity
What is s189A CA?
Imprisonment period?
Everyone is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly impedes another person’s normal breathing, blood circulation, or both, by doing (manually, or using any aid) all or any of the following:
(a) blocking that other person’s nose, mouth, or both;
(b) applying pressure on, or to, that other person’s throat, neck, or both
Doctrine of transferred malice
Not necessary that the person suffering the harm was the intended victim.
Mistaken identity, accidental infliction of injury on someone else - still criminally responsible.
