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11 Cards in this Set
- Front
- Back
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Wounding with intent section |
188 |
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Wounding with intent to GBH elements |
With intent to cause GBH To anyone Wounds/maims/disfigures/GBH To any person |
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How to prove intent in serious assault |
Prior threats Premeditation Weapon Number of blows Degree of force Areas targeted Degree of helplessness of victim |
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R v Taisalika |
The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent |
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GBH definition |
Harm that is really serious. DDP v Smith |
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Wounds definition |
Breaking of the skin, flow of blood, and may be internal. R v Waters |
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R v Rapana And Murray |
Disfigures is not only permanent damage but also temporary damage |
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Doctrine of transferred malice |
The defendant is criminally responsible for any accidental harm inflicted on a person who was not the intended Target or mistaken identity |
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Wounds with intent to injure elements |
With intent to injure Anyone With recklessness disregard Wounds/maims/disfigures/GBH to any person |
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R v Harney |
Recklessness means the conciouss and deliberate taking of an unjustified risk |
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R v Crossan |
Incapable of resistance includes powerlessness of the will as well as physical incapacity |
