Day 2 Serious Assaults Caselaw

Question 1

R v Taisalika

Answer 1

Intent (serious assaults)

The nature of the blow and the gash caused point strongly to the necessary intent

Question 2

R v Rapana and Murray

Answer 2

Disfigures

Disfigures covers not only permanent but temporary damage

Question 3

DPP v SMITH

Answer 3

GBH

Bodily Harm need no explanation. Grievous means no more and no less than really serious

Question 4

R v Waters

Answer 4

Wound

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

Question 5

R v Donovan / R v Mcarthur

Answer 5

Bodily Harm

Bodily Harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. Need not be permanent but must be more than transitory or trifling

Question 6

Cameron V R

Answer 6

Recklessness:

Recklessness is established is:
(a) the defendant recognised that there is a real possibility that
(i) his or her actions would bring upon the proscribed result
(ii) that the proscribed circumstances existed
(b) having regard to the risk those actions were unjustified

Question 7

R v Tihi

Answer 7

Wounding and intent

In addition to one of the specified intents outlined in paragraphs a-c it must be shown that the offender meant to cause the harm

Question 8

R v Wati

Answer 8

Wound and offence

There must be proof of the commission of an offence or the attempted commission of an offence

Question 9

R v Crossan

Answer 9

Renders incapable of resistance

Incapable of resistance includes a powerlessness of will as well as physical incapacity

Question 10

R v Sturm

Answer 10

Stupefy

To stupefy means to effect the mind or nervous system of a person which impacts their physical or mental capacity to act an any way which may hinder an intended crime