Case Law pg 2

Question 1

DDP V SMITH

Answer 1

Grevious bodily harm

‘Bodily harm’ needs no explanation and ‘grievous’ means no more or less than ‘really serious’

Question 2

R v Waters

Answer 2

Wound

A wound is the ‘breaking of the skin evidenced by the flow of blood. May be internal or external.

Question 3

R v Rapana and Murray

Answer 3

Disfigures

Disfigures covers not only permanent damage but also temporary damage

Question 4

R V MCARTHUR

Answer 4

Injuries

“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 transitory and trifling

(Transitory - not permanent)

Question 5

Cameron v R

Answer 5

Recklessness

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that proscribed circumstances existed; and
(b) Gavin regard to that risk those actions were unreasonable

Question 6

R v Tipple

Answer 6

Recklessness

Recklessness requires that the offender know if, or have a conscious approximation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

Question 7

R v Wati

Answer 7

Aggravated Wounding

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 8

R v Tihi

Answer 8

Aggravated Wounding

In addition to one of the specific intents outlined in paragraphs (a) - (c) it must be shown that the offender meant to cause the specific harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it

Question 9

R v strum

Answer 9

Stupefy

To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental health or physical ability to act in any way which might hinder an intended crime.

Question 10

R v Crossan

Answer 10

Incapable of resistance

Incapable of resistance includes a powerlessness of the will as well as a physical capacity. Taking away and detaining are “separate and distinct offences”.

Question 11

R v Wellard

Answer 11

Kidnapping (takes away)

The essence of the offence of kidnapping is the “deprivation of liberty coupled with the carrying away from the place where the victim wants to be”.