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Flashcards in SERIOUS ASSAULTS Deck (16)
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1
Q

What is the term of imprisonment for a person who, with intent to cause GBH harm to any one, wounds, maims, disfigures, or causes GBH.

A

14 years

2
Q

What is the term of imprisonment for a person who, with intent to injure anyone, or with reckless disregards to any one, wounds, maims, disfigures, or causes GBH.

A

7 years

3
Q

What is RECKLESS disregard

A

The offender acts in a way that he foresees is likely to result in injury, but proceeds regardless of the risk and in doing so causes serious harm to the victim

4
Q

What is the definition of GBH

A

Really serious harm

DPP V SMITH

5
Q

What is the definition of a wound

A

A breaking of the skin and the flowing of blood either externally or internally

6
Q

What is the definition of maims

A

Depriving the victim of the use of a limb or one of the senses by mutilating crippling or disabling a part of the body

7
Q

What is the definition of disfigurement

A

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

8
Q

The word disfigures covers not only permanent damage but also temporary damage

Case law

A

R V Rapana

9
Q

What is the doctrine of transferred malice

A

It is not necessary that the person suffering the harm was the intended victim.

10
Q

What is the definition of injure

A

To cause actual bodily harm

11
Q

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, no doubt, more than MERE transitory and trifling

Case law

A

R v Donovan

12
Q

What is the term of imprisonment for a person who, with intent to cause GBH harm to anyone, injures any person

A

10 years

13
Q

What is the term of imprisonment for a person who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person

A

5 years

14
Q

What is the term of imprisonment for aggravated wounding

A

14 years

15
Q

What is the term of imprisonment for aggravated injury

A

7 years

16
Q

What makes the assault aggravated be it of a wounding or injuring nature

A

Intentionally wounds/injures any person to

  • facilitate the commission of any imprisonable offence
  • to avoid the detection of himself or any other person in the commission of any imprisonable offence
  • 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