Serious Assaults/Neglect etc Flashcards
Ingredients - Wounding with Intent - Section 188
Wounding with intent Section 188(1) 14years 1. With intent to cause GBH 2. To anyone 3. Wounds OR Maims OR Disfigures OR Causes GBH 4. To any person ------------------------------- Wounding with intent to injure Section 188(2)
- With intent to injure
- Anyone OR with reckless disregard for the safety of others
- Wounds OR Maims OR Disfigures OR Causes GBH
- To any person
ingredients - Injures with intent to injure - Section 189
Injuring with intent Section 189(1) 10years
- With intent to cause GBH
- To Anyone
- Injures
- ## Any personInjures with intent to injure
Section 188(2) 5 yrs - With intent to injure
- Anyone OR With reckless disregard for the safety of others
- Injures
- Any person
Ingredients - Aggravated Wounding - Section 191
Aggravated Wounding Section 191(1)(a)(b)(c)
14years
- With intent to
(a) Commit or facilitate the commission of any crime OR
(b) Avoid detection of themselves in the commission of any crime OR
(c) Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any crime - Wounds OR Maims OR Disfigures OR Causes GBH OR Stupefies OR Render unconscious OR By any violent means renders capable of resistance
- Any person
Case Law -
- R v Taisalika
- DPP v Smith
R v TAISALIKA
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
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DPP v SMITH
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
Case Law -
- R v Waters (Wounds)
- R v Donovan (Actual bodily harm)
R v WATERS
A wound is the breaking of the continuity of the skin with the flow of blood. Can be internal and external
R v DONOVAN
‘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, no doubt, be more than merely transitory and trifling
Case Law -
- R v Harney
- R v Tihi
R v HARNEY
“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”
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R v TIHI
In R v Tihi it was held that in proving an offence against s191, the prosecution must satisfy a “two-fold” test for intent:
1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a), (b) or (c), and
2. He or she intended to cause the specified harm, or was reckless as to that risk.
Definition
- Intent
- Bodily Harm
INTENT
You are further required to prove the offender intended, at the time of the assault, to commit an imprisonable offence or help commit an imprisonable offence, or avoid detection or arrest or facilitate their flight or another’s flight after committing an imprisonable offence.
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BODILY HARM
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
Definition
- Wound
WOUND
A wound is the breaking of the continuity of the skin with the flow of blood. Can be internal and external
However any rupture of the tissues of the body, internal or external, can amount to a wound and whether or not it does is a matter of fact for determination in each case.
Definition -
- Maims
- Disfigurement
MAIMS
In practical terms it will involve mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses.
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DISFIGUREMENT
To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person”.
Definition -
- Facilitate
- Imprisonable Offence
FACILITATE
To “facilitate” means to make possible, or to make easy or easier.
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IMPRISONABLE OFFENCE
Any offence which is punishable by a term of imprisonment
Definition -
- Avoid Detection
- Intent and Offence Proven - Section 191
AVOID DETECTION
Where the offender causes the specified harm to prevent himself or another person from being “caught in the act”.
For example, a “look out” knocks a security guard unconscious to prevent him from walking in on a burglary in progress.
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Definition -
Intent and Offence Proven - Section 191
In R v Tihi it was held that in proving an offence against s191, the prosecution must satisfy a “two-fold” test for intent:
- The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a), (b) or (c), and
- He or she intended to cause the specified harm, or was reckless as to that risk.
Definition -
Stupefy - R v Strum
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 person’s mental or physical ability to act in any way which might hinder an intended crime.
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Thus, “stupefies” does not only describe a situation where a person is rendered senseless or unconscious but may also include circumstances where the administration of drugs has led to dis-inhibition and stimulated uncharacteristic behaviour.
Definition -
- Renders Unconscious
- Incapable of Resistance
RENDERS UNCONCIOUS
To “render” means to “cause to be” or “cause to become”.
So to render a person unconscious, the offender’s actions must cause the victim to lose consciousness.
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INCAPABLE OF RESISTANCE
R v Crossan
“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.
In R v Crossan the defendant, intending to rape the victim, presented a loaded revolver at her and threatened to shoot her unless she submitted to sexual intercourse.
Definition -
Ill treatment neglect of child/vulnerable adult????
ILL TREATMENT NEGLECT OF CHILD/VULNERABLE ADULT
