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1. Violence > Serious Assaults > Flashcards

Serious Assaults Flashcards

(46 cards)

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1
Q

S 188(1), ca 61

A

Wounding with Intent

-With intent to cause GBH
-To anyone
-Wounds
Maims
Disfigures
Or causes GBH
-to anyone person

14yrs

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2
Q

With intent

A

Definition
Intent is made of intent to commit the act and intent to get a specific result

R v Collister

R v Taisalika
The nature of the blow and the gash it produced point strongly to the presence of the necessary intent

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3
Q

Grevious Bodily Harm

A

Harm that is really serious

DPP v Smith
Bodily harm needs no explanation and grevious means no more or no less than really serious

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4
Q

Wounds

A

R v Waters
A wound is breaking of the skin evidenced by the flow of blood. It may be internal or external

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5
Q

Maims

A

Deprive the victim of the sue of a limb or one of the sense. Needs some degree of permanence

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6
Q

Disfigures

A

To deform or deface, to mar or alter the figure or appearance of a person

R v Rapana and Murray
Disfigures covers not only permanent damage but also temporary damage

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7
Q

S 188(2), ca 61

A

Wounding with intent (Injures)

-With intent to injure any person
Or
With reckless disregard for the safety of others
-wounds
Mains
Disfigures
Or causes GBH
-To any person

7 yrs

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8
Q

Injure

A

S2 CA, means to cause actual bodily harm

R v Donovan
Bodily harm includes 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

May be internal or external

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9
Q

Reckless

A

Conscious and deliberate taking of an unjustified risk

Must prove that
1) defendant conscious and deliberately ran the risk (subjective test)
2) the risk was unreasonable to take in the circumstances as known to the defendant (objective- would a reasonable person have taken the risk)

Cameron v R
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/OR
ii) the the proscribed circumstances existed
b) having regard to that risk those actions were unreasonable

R v Tipple recklessness requires the accused had a conscious appreciation of the relevant risk

Necessary to prove the defendant foresaw the risk of injury to others

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10
Q

S 189(1), CA

A

Injuring with Intent

  • with intent to cause GBH
  • to person
  • Injures
  • any person

10yrs

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11
Q

S 189(2), Ca 61

A

Injuring with Intent

  • with intent to injure any person
    Or
    With reckless disregard for the safety of others
  • Injures
    any person

5yrs

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12
Q

S 191(1), ca 61

A

Aggravated Wounding

  • With intent to
    a) commit or facilitate the commission of any imprisonable offence, or
    b) avoid detection of himself or of any other person in the commission of any imprisonable offence, or
    c) avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence …

-Wounds/mains/disfigures/causes grevious bodily harm, to any person
or
Stupifies/renders unconscious any person
or
By any violent means renders any person incapable of resistance

-any person

14years

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13
Q

With intent

Section 191

A

R v Tihi
In addition to specified intent of a,b,c must be shown offender meant to cause specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering

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14
Q

Facilitate imprisonable offence

Section 191

A

To make possible or easier

Term of imprisonment

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15
Q

Avoid detection

A

Cause the specified farm to prevent himself or another from being caught in the act

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16
Q

Facilitate flight

A

Harm is caused to enable the offenders to more easily escape/prevent capture

R v Wati
Must be proof of the committed(or attempted) crime by the person committing the assault or by person whose arrest or flight he intends to avoid or facilitate

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17
Q

Stupfies

A

To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in anyway

Includes rendering senseless or unconscious or drugs leading to disinhibition

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18
Q

Renders unconscious

A

To cause to be or to cause to become therefore the offenders actions must cause the victim to lose consciousness

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19
Q

By any violent means

Study These Flashcards
A

Violent means the application of force that physically incapacitates a person

E.g. tying of hands this also may include threats of violence

20
Q

Rendered incapable of resistance

Study These Flashcards
A

Circumstances that cause the victim to submit to his will in belief he will carry out the threat
Rendered incapable as effectively as if were physically incapable

21
Q

Section 198(1), ca61

Study These Flashcards
A

Discharging firearm or doing dangerous act with intent

198(1)(a)

-With intent to do grevious bodily harm
- Discharges any firearm/airgun/other similar weapon
-At any person

198(1)(b)

-With intent to do grevious bodily harm
-Sends to any person
or
Delivers to any person
or
Puts in any place
-Any explosive or injurious substance or device

198(1)(c)
-With intent to do grevious bodily harm
-sets fire to any property

14years

22
Q

Intent

Section 198 CL

Study These Flashcards
A

R v Pekepo

A reckless discharge of a firearm in general the direction of a pass er by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

23
Q

What are the three types of mens rea in section 198

Study These Flashcards
A

Intent to do GBH

Intent to injure

Reckless disregard for the safety of others

24
Q

What are the three types of actus reus in section 198

Study These Flashcards
A

Discharging a firearm at a person

Delivering explosives

Sitting fire property

25
What is the criminal liability of section 198 based on?
The intention and the actions of the offender, rather than the outcome or consequence of those actions It is not necessary under section 198 to prove that the victim suffered actual bodily harm We are actual bodily harm occurs an appropriate charge would be under wounding or injuring with intent or murder or manslaughter depending on the outcome
26
Discharge any firearm/air gun or other similar weapon
Discharge To fire or shoot Firearm Acts by force of explosive Airgun Acts by force of compressed air or gas
27
Sends or delivers
Ordinary meanings May include situations where the victim receives a dangerous thing by male or courier e.g. a letter bomb
28
Explosive
means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and (b) without limiting paragraph (a), includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and
29
Injurious substance or device
Covers a range of things capable of causing harm to a person e.g. anthrax powder mail to someone
30
Under section 198 when is the event complete
Under section 198(1)(a) this requires the actual discharge of a firearm Under section 198(1)(b) it is not necessary for an explosion to occur. the offence is complete when an explosive or an injurious substance or device is sent, delivered, or put in place The substance must however have the capacity to explode or causes injury
31
Sets fire
Includes charring, melting, blistering of paint, or smoke damage It is not necessary to prove the property is set alight
32
S 198A, ca 61
Using a firearm against law enforcement officer S198A(1) -Uses any firearm in any manner whatever -against any constable/traffic officer/prison officer -acting in the course of his/her duty -knowing that Or Being reckless whether or not -that person is a member of the Police/traffic officer/prison officer so acting 14yrs S198A(2) -uses any firearm in any manner whatever -With intent to resist the lawful arrest or detention of himself/herself or of any other patron 10yrs
33
Uses in any manner whatever
The primary meaning of the word use, regarding a firearm, is to fire it. In any manner whatever includes range of acts, short of firing. -handling or manipulating the firearm in any manner that conveys an implied threat may suffice R v Swain To deliberately or purposely remove a sawn off shotgun from a bag after being confronted by called upon by a police constable amounts to a use of that firearm within the meaning of section 198A
34
Constable
A Police employee who holds the office of constable
35
Acting in the course of duty
 Police duties include protecting life and property, preventing protecting crime, and apprehending offenders and keeping the peace This includes every lawful act constable does while on and off duty If an officer is acting unlawfully the section does not apply
36
Knowing
The defendant must know the victim is a police officer and know that the officer is acting in the course of his or her duties will be reckless as to those facts Simester v Brookbanks Knowing means knowing or correctly believing, the defendant may believe something wrongly but cannot know something that is false .
37
Intent to resist lawful arrest or detention of himself or another
S198A(2) Fisher v R It is necessary in order to establish a charge under the section for crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established 
38
S198B,ca61
Commission of an imprisonable offence with a firearm 198B(1)(a) -In committing an imprisonable offence -Uses any firearm S198B(1)(b) -while committing any imprisonable offence -Has any firearm with him/her in circumstances that Prima facie show an intention to use it in connection with that imprisonable offence
39
Has with him
Must knowingly have the firearm with them, (Me) position is insufficient They must not only have position but know that they have custody or control RV Cox, possession Must have physical and mental components to prove it
40
Prima facie show intention to use it in connection with that imprisonable offence
Mere possession is not enough, there must be accompanying circumstances showing a Prima facie intention to use the firearm
41
What is a military style semi automatic firearm
A firearm (other than pistol) that has a) a semi automatic firearm having one or more of the following features -A folding telescope or butt -A magazine designed to hold .22 inch rim fire cartridges -magazine capable holding more than 7 cartridges or is detachable -bayonet lugs -flash suppressor a semi automatic firearm of a maker model/description/feature of a kind declared/described by an order under section 74A a to be a military style semi automatic firearm
42
What is the definition of a pistol
Means any firearm that is designed or adapted to be held and fired with one hand, includes firearms less than 762 mm in length
43
What is a restricted weapon
A weapon whether a firearm or not declared by the governor general to be a restricted weapon
44
What is an example of a restricted weapon
Anti tank projectors and ammunition Grenade discharges and launches Incendiary grenades including Molotov cocktails Mines of an explosive nature Mortars of military kind Every firearm weapon and device designed for the purpose of discharging toxic gas or stupefying substances Any guest sub substance material intended or adapted for the use and any firearm or weapon
45
What is especially dangerous air gun
Any airgun declared by the governor of general to be a specially dangerous airgun
46
What does section 66 of the arms act 1983 state
Every person in occupation of any land or building or the driver of any vehicle in which a firearm airgun etc etc is located shall be deemed to be in position of their item, unless he proves that it was not his property and that it was in the position of some other person

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