Violence Flashcards
(27 cards)
What is the section / act for:
Wounding with intent?
Provide the elements…
Section 188 (1) Crimes Act 1961.
- with intent to cause GBH
- to any person
- wounds, maims, disfigures, causes GBH,
- to any person
Explain intent…
With intent to cause GBH, what intent must be proven?
Intent means that the act or omission must be done deliberately. The act or omission must be more than involuntary or accidential.
There must be the intention to:
- to commit the act, and
- to get a specific result.
Explain:
R V TAISALIKA?
(CASE LAW)
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
Explain:
R V COLLISTER
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offenders actions and words, before, during and after the event
- the surrounding circumstances
- the nature of the act itself
What is GBH?
How does DPP V SMITH explain GBH?
‘harm that is really serious.’
‘Bodily harm’ needs no explaination and ‘grevious’ means no more and no less than ‘really serious’.
Explain:
R V WATERS
A wound breaking the skin evidenced by the flow of blood. May be internal or external.
Explain what Maims means?
Deprive the victim of the use of a limb or of one of the senses. Needs to be some degree of permanence.
Explain Disfigures?
To deform or deface, to mar or alter the figure or appearance of a person.
Explain:
R V RAPANA AND MURRAY
Disfigures covers not only permanent damage but also temporary damage.
Explain the Doctrine of transferred malice?
It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the ID of the person injured, or where harm intended for one person is accidentially inflicted on another, he is still criminally responsible, under the Doctrine of Transferred malice, despite the wrong target being struck.
What is section 188(2) Crimes Act 1961?
Elements?
Wounding with intent
ELEMENTS
- with intent to inure any person
- or*
- with reckless disregard for the safety of others
- wounds, or maims, or disfigures, or causes GBH
- any person
Explain:
R V MCARTHUR
“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.
When ‘acting recklessly’ is an element in the offence, what must be proven?
When recklessness is an element in an offence the following must be proved:
(1) That the defendant consciously and deliberately ran a risk (a subjective test).
(2) That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective test - based on where a reasonable person would have taken the risk).
Explain:
R V CAMERON
Recklessness is established if:
(a) the defendant recognised that there was a real possibilty that:
(i) his or her actions would bring about the prescribed results;
and / or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
Explain:
R V TIPPLE
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”.
What section is a charge of aggravated wounding?
Section 191(1) Crimes Act 1961
What are the elements for aggravated wounding?
Section 191(1) Crimes act 1961
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- wounds, maims, disfigures, causes GBH to any person, stupefies, renders unconscious any person, by any violent means renders any person incapable of resistance.
- Any person
Aggravated wounding
Explain subsection (a)(to commit or facilitate the commission of any imprisonable offence); the meaning of facilitate…
To facilitate means to make possible or easier. Provided they have the neccesary intent at the time the harm is caused, it is immaterial whether they actually commit the intended offence.
AGGRAVATED WOUNDING
Explain what is meant in subsection, (b), in regards to; avoid the detection of himself or any other person in the commission of any offence.
The offender causes the specified harm to prevent himself or another from being ‘caught in the act’.
AGGRAVATED WOUNDING
Explain what is meant in subsection (c), to avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence...
The specified harm is caused to enable the offender or offenders to more easily effect their escape, or prevent their capture.
Explain:
R V WATI
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 facilitate.
Explain:
R V TIHI
in addition to one of the specific intents outlined in paragraphs (a)-(c) it must be shown that the offender meant to cause harm or foresaw that the actions undertaken by him were likely to expose others to the risk of the suffering it.
What does stupefies mean?
It means to induce a state of stupor, to make stupid, groggy or insensible; to dull the sense or faculties.
Explain:
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 persons mental or physical ability to act in any way which might hinder an intended crime.
