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WPIC 35.04 Assault—First Degree—Great Bodily Harm—Elements

11 WAPRAC WPIC 35.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.04 Assault—First Degree—Great Bodily Harm—Elements
To convict the defendant of the crime of assault in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant assaulted (name of person);
(2) That the defendant acted with intent to inflict great bodily harm;
(3) That the assault resulted in the infliction of great bodily harm upon (name of person); and
(4) That this act occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if after weighing all the evidence you have a reasonable doubt as to any of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use WPIC 35.50 (Assault—Definition), WPIC 2.04 (Great Bodily Harm—Definition), and WPIC 10.01 (Intent—Intentionally—Definition) with this instruction.
For a discussion of the phrase “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.36.011(1)(c).
The State is not required to prove that the person actually injured is the person whom the defendant intended to injure. “[O]nce the intent to inflict great bodily harm is established, usually by proving that the defendant intended to inflict great bodily harm on a specific person, the mens rea is transferred under RCW 9A.36.011 to any unintended victim.” State v. Wilson, 125 Wn.2d 212, 218, 883 P.2d 320 (1994). See also WPIC 10.01.01 (Transferred Intent) and the Comment to WPIC 35.02 (Assault—First Degree—Great Bodily Harm or Deadly Weapon—Elements).
The statutory definition of great bodily harm does not create alternative means of committing the crime under that prong. Thus, jury unanimity is not required as to the type of great bodily harm the defendant caused. State v. Laico, 97 Wn.App. 759, 987 P.2d 638 (1999).
See the Comment to WPIC 35.02 (Assault—First Degree—Great Bodily Harm or Deadly Weapon—Elements).
[Current as of March 2020.]
End of Document