What is the test for determining the severity of a victim's injuries in an assault case?

California, United States of America


The following excerpt is from People v. Darthart, D057950 (Cal. App. 2012):

we also have 'cautioned against giving undue weight to the severity of the victim's wounds, as horrible wounds may be as consistent with a killing in the heat of passion, in an "explosion of violence," as with the intent to inflict cruel suffering.' " (People v. Cole (2004) 33 Cal.4th 1158, 1213-1214 (Cole).) "It does not follow, however, that because the severity of the victim's wounds is not necessarily determinative of the defendant's intent to torture, the nature of the victim's wounds cannot as a matter of law be probative of intent. Intent is a state of mind. A defendant's state of mind must, in the absence of the defendant's own statements, be established by the circumstances surrounding the commission of the offense. [Citation.] The condition of the victim's body may establish circumstantial evidence of the requisite intent." (People v. Mincey (1992) 2 Cal.4th 408, 433.)

Other Questions


What is the evidence of callous disregard for human suffering in an assault case where an assault victim was taken to a remote part of the country by his ex-partner's partner, who was not charged for the assault? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
What is the test for determining whether a defendant acted in self-defense against an assault victim who had been threatened or assaulted prior to the assault? (California, United States of America)
In a sexual assault case, what is the test for establishing that defendant intended to inflict great bodily injury on the victim? (California, United States of America)
In determining the sufficiency of the evidence in a sexual assault case, what is the test for determining sufficiency? (California, United States of America)
Can defendants who used a fictitious name for a victim in a sexual assault case argue that using the name of the alleged victim prejudiced their actions? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
What is the test for determining the full extent of a victim restitution award in a personal injury case? (California, United States of America)
What is the test for determining whether a sexual assault victim is sexually assaulted on a bus? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.