Assault

Question 1

Elements of wounding with intent (1)

Answer 1

Section 188(1)
With intent to cause GBH
To any person
Wounds/Maims/Disfigures/Causes GBH
To any person

Question 2

Elements of wounding with intent (2)

Answer 2

Section 188(2)
With intent to injure OR With reckless disregard for the safety of others
Any person
Wounds/Maims/Disfigures/Causes GBH
To any person

Question 3

Elements of injuring with intent (1)

Answer 3

Section 189(1)
With intent to cause GBH
To any person
Injures
Any person

Question 4

Elements of injuring with intent (2)

Answer 4

Section 189(2)
With intent to injure OR With reckless disregard for the safety of others
Any person
Injures
Any person

Question 5

Definition of intent

Answer 5

To do a deliberate act to get a specific result

Question 6

Case law for intent

Answer 6

R v Collister
An offender’s intent may be inferred from:
- An offender’s action or words before, during or after the event.
- The surrounding circumstances.
- The nature of the act itself.

Question 7

Case law for assault intent

Answer 7

R v Taisalika
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

Question 8

Case law for GBH

Answer 8

DPP v Smith
Bodily harm needs no explanation, grevious means no more and no less than really serious.

Question 9

Case law for wounds

Answer 9

R v Waters
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of skin would normally be evidenced by a flow of blood, at the site of the blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

Question 10

Definition of maiming

Answer 10

Depriving another of such of the use of one of his members, rendering him less capable in fighting, either to annoy his adversary or defend himself. Involves crippling, mutilating or disabling a part of the body. There must be some degree of permanence.

Question 11

Definition of disfigure

Answer 11

To deform or deface; to mar or alter the appearance or figure of a person.

Question 12

Case law for disfigure

Answer 12

R v Rapana and Murray
The word disfigure not only covers permanent damage but also temporary damage.

Question 13

Doctrine of transferred malice

Answer 13

It is not necessary that the person suffering the harm was the intended victim. Where the harm intended for one person is accidentally inflicted on another, he is still criminally responsible.

Question 14

Definition of injure

Answer 14

Means to cause actual bodily harm.

Question 15

Case law for injure

Answer 15

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 be more than trifling and transitory.

Question 16

Definition for reckless

Answer 16

Consciously and deliberately taking an unjustified risk.

Question 17

Case law for recklessness

Answer 17

Cameron v R
Recklessness is established if:
The defendant recognised that there was a real possibility that:
- His or her actions would bring about a proscribed result and/or
- That the proscribed circumstances existed
Having regard to that risk those actions were unreasonable.

Question 18

No social utility in relation to recklessness

Answer 18

The running of any risk subjectively appreciated is unreasonable and thus reckless.

Question 19

Social utility in relation to recklessness

Answer 19

It will depend on whether a reasonable and prudent person would have taken the risk.

Question 20

Elements for aggravated wounding

Answer 20

Section 191(1)
With intent to:
a. To commit or facilitate the commission of any imprisonable offence.
b. To avoid detection of himself or of any other person in the commission of any imprisonable offence.
c. To avoid arrest or facilitate flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
Wounds/Maims/Disfigures/Causes GBH/ Render unconscious any person/By any violent means renders any person incapable of resistance

Question 21

Elements for aggravated injury

Answer 21

Section 191(2)
With intent to:
a. To commit or facilitate the commission of any imprisonable offence.
b. To avoid detection of himself or of any other person in the commission of any imprisonable offence.
c. To avoid arrest or facilitate flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
Injures
Any person

Question 22

Case law for aggravated wounding intent

Answer 22

R v Tihi
In addition to one of the specified intents (a, b, c) it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

Question 23

Case law for facilitate

Answer 23

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.

Question 24

Definition for stupefy

Answer 24

Means to cause an effect on the mind or nervous system of a person, which seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.

Question 25

Renders unconscious

Answer 25

Means to cause the person to lose consciousness.

Question 26

By any violent means

Answer 26

Application of force that physically incapacitates a person. It is not limited to physical violence and may include threats of violence, depending on the circumstances.

Question 27

Elements for aggravated assault (1)

Answer 27

Section 192(1)
Assaults any person with intent to:
a. To commit or facilitate the commission of any imprisonable offence.
b. To avoid detection of himself or of any other person in the commission of any imprisonable offence.
c. To avoid arrest or facilitate flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

Question 28

Elements for aggravated assault (2)

Answer 28

Section 192(2)
Assaults any Constable OR Any person acting in aid of any Constable OR Any person in the lawful execution of any person
With intent to obstruct the person so assaulted in the execution of his duty

Question 29

Definition for assault

Answer 29

Intentionally applying or attempting to apply force to another, directly or indirectly. Also threatening to apply force in circumstances where the victim believes the offender will be able to carry out the threat.

Question 30

Subjective test for recklessness

Answer 30

The defendant was aware of the risk and proceeded regardless.

Question 31

Objective test for recklessness

Answer 31

It was unreasonable for the defendant to do so.