Definitions and Case Law

Question 1

Intent

Answer 1

Mean to do it, they desire a specific result and act with aim or purpose of achieving it.

Question 2

R v Mohan

Answer 2

Intent involves a decision to bring about, in so far as it lies within the accusers power, the commission on the offence

Question 3

R v Waaka

Answer 3

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

Question 4

R v Taisalika

Answer 4

The nature of the blow and the gash it produced on the complainants head would point strongly to the presence of the necessary intent

Question 5

GBH

Answer 5

Grievous bodily harm can simply be defined as “harm that is really serious”

Question 6

DPP v Smith

Answer 6

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

Question 7

Wound (R v Waters)

Answer 7

A breaking of the skin… a flow of blood…. will more often than not be external…may be internal

Question 8

Maims

Answer 8

Will involve mutilating, crippling or disabling a part of the body so that the victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence

Question 9

Disfigues

Answer 9

To “disfigure” means to “deform or deface, to mar or alter the figure or appearance of a person”

Question 10

R v Rapana and Murray

Answer 10

The word “disfigure” covers “not only permanent damage but also temporary damage”

Question 11

Injure

Answer 11

Section 2 Crimes Act 1961

Means to cause bodily harm

Question 12

R v Donovan

Answer 12

“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, no doubt, be more than merely transistory and trifling”

Question 13

With Reckless Disregard

Answer 13

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

Question 14

R v Harney

Answer 14

(Reckless involves) foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

Question 15

R v Tihi

Answer 15

In addition to one of the specific intents outlined in paragraphs (a) (b) (c) “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 16

Facilitate the commission s. 191(1)(a)

Answer 16

To make possible or to make easy or easier

Question 17

R v Sturm (Facilitate commission)

Answer 17

Under s. 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed”

Question 18

Avoid Detection s. 191(1)(b)

Answer 18

Offences under s.191(1)(b) arise during the commission of an imprisonable, where the offender causes the specified harm to prevent himself or another person from being “caught in the act”

Question 19

Facilitate Flight s. 191(1)(c)

Answer 19

To make possible or to make easy or easier. The specified harm is caused to enable the offender(s) to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence.

Question 20

Imprisonable offence

Answer 20

section 5 Criminal Procedures Act 2011
Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.

Question 21

R v Wati

Answer 21

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

Question 22

Stupefies

Answer 22

R v Sturm
To “stupify” means to cause an effect on the mind r nervous system of a person, which real seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.

Question 23

Renders unconscious

Answer 23

To render a person unconscious, the offenders actions must cause the victim to lose consciousness

Question 24

Any violent means

Answer 24

Includes the application of force that physically incapacitates a person

Question 25

R v Crossan

Answer 25

“Incapable or resistance” includes a powerfulessness of the will as well as a physical incapacity

Question 26

Person

Answer 26

Gender neutral. Proven by judicial notice or by circumstantial evidence