Assaults

Question 1

Aggravated Wounding

Answer 1

Crimes Act 1961 Section 191(1)(a) or (b) or (c)
With Intent
(A) to commit or facilitate the commission of any crime or
(B) to avoid the detection of himself or any other person in the commission of a crime or
(C) to avoid the arrest or facilitate flight of himself or any other person upon commission or attempted commission of any crime

Wounds or Maims or Disfigures or Causes GBH or Stupefies or Renders Unconscious or by a Violent means renders incapable of resistance

Any person

14 Years Imprisonment

Question 2

Wounds with Intent to do GBH

Answer 2

Crimes Act 1961 Section 188(1)

With intent to cause GBH
To anyone
Wounds or Maims or Disfigures or GBH
To any person

14 Years Imprisonment

Question 3

Wounds with Intent to Injure

Answer 3

Crimes Act 1961 Section 188(2)

With intent to injure anyone or
With reckless disregard for the safety of others
Wounds, Maims, Disfigures or causes GBH
To any person

7 Years Imprisonment

Question 4

Recklessness R v Harney

Answer 4

Recklessness is a conscious and deliberate taking of an unjustifiable risk

R v Harney
Recklessness involves foresight of dangerous consequences that could happen together with an intention to continue the course of conduct regardless of risk

Question 5

Wounds R v Waters

Answer 5

A wound is the breaking of the skin with the flow of blood, can be internal or external

Question 6

Intent R v Mohan

Answer 6

A decision to bring about in so far as it lies within the accuseds power the commission of the offence

Question 7

Intent R v Waaka

Answer 7

A fleeting or passing thought is not sufficient there must be a firm intent or a firm purpose to effect an act

Question 8

Intent R v Taisalika

Answer 8

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

Question 9

Injure

Answer 9

To injure means to cause actual bodily harm

Question 10

Injure R v Donovan

Answer 10

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 merely transitory or trifling

Question 11

Maims

Answer 11

Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses

Question 12

Disfigures

Answer 12

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

Question 13

R v Rapana & Murray Disfigures

Answer 13

Disfigurement does not necessarily involve permanent injury or damage

Question 14

Injuring with Intent to Injure

Answer 14

Crimes Act 1961 Section 189(2)

With intent to injure anyone or
With reckless disregard for the safety of others
Injures
Any person

5 Years imprisonment

Question 15

Injures with Intent to cause GBH

Answer 15

Crimes Act 1961 Section 189(1)

With intent to cause GBH to anyone
Injures
Any person

10 Years Imprisonment

Question 16

GBH

Answer 16

GBH can be defined as harm that is really serious

Question 17

DPP v Smith - GBH

Answer 17

Bodily harm needs no explanation, grievous means no more and no less than really serious

Question 18

Person

Answer 18

Gender neutral, proven by judicial note or circumstantial evidence

Question 19

R v Chan Fook

Answer 19

Actual bodily harm can also include psychiatric injury

Question 20

R v Tihi

Answer 20

It must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it

Question 21

Commit

Answer 21

To do, perform, perpetrate

Question 22

Facilitate

Answer 22

To make possible or to make easy or easier

Question 23

Avoid Detection

Answer 23

Offender causes the specified harm to prevent himself or another person from being caught in the act

Question 24

Avoid Arrest

Answer 24

Acts done by offenders to avoid their own or others arrest or

Help escape after the commission of a crime or attempted crime

Question 25

Crime

Answer 25

Crimes Act Section 2

Offence by which the accused can be proceeded against by indictment

Question 26

R v Wati

Answer 26

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 27

Aggravated Wounding

Answer 27

Crimes Act 1961 Section 191(1)(a) or (b) or (c)

With intent
(A) to commit or facilitate the commission of any crime or
(B) to avoid the detection of himself or any other person in the commission of any crime or
(C) to avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any crime

Wounds or Maims or Disfigures or causes GBH or Stupefies or Render Unconscious or By any violent means renders incapable of resistance

Any person

Question 28

Renders Unconscious

Answer 28

Offenders actions that cause the victim to lose consciousness

Question 29

Violent means

Answer 29

The application of force that physically incapacitates a person

Question 30

R v Crossan

Answer 30

Incapable of resistance includes a powerlessness of the will as well as a physical incapacitation

Question 31

Stupefying

Answer 31

To induce a state of stupor, to make stupid, groggy or inconceivable
To dull the senses or facilities

Question 32

R v Strum - Stupefy

Answer 32

Stupefying means to cause an effect on the mind or the nervous system of a person that really seriously interferes with that persons mental or physical ability to act in anyway which might hinder an intended crime