Serious Assault

Question 1

Proving intent …

Answer 1

Circumstantial evidence

• Offenders actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself

Serious Assault

• Prior threats
• Use of a weapon
• Any weapons used was opportunity or purposely brought
• Numbers of blow
• Degree of force
• Body part targeted by the offender (eg head)
• Degree of resistance or helplessness of the victim (e.g unconscious)

Question 2

Detail elements for Wounding with Intent S188(1) ?

Answer 2

• With Intent to cause GBH
• To any person
• Wounds / Maims / Disfigures / GBH
• To any person

Question 3

Definition of GBH?

Answer 3

DPP v Smith

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

Question 4

Define Person

Answer 4

Victim is a person is accepted by J/N or C/E

Question 5

Define the term Wounds and support your answer with case law ?

Answer 5

R v Walters

The breaking of the skin, normally evidenced by the flow of the bloood. May be internal or external

Question 6

What is the key case law in relation to proving the intent of a Defendant in cases of serious assault and discuss what was held in this case.

Answer 6

R v Taisalika

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

Question 7

There are two specific types of intention in an offence. Outline these two required intent.

Answer 7

• Deliberate Act
  Intent means to act or omission must be done deliberately
• Intent to produce a result
  An intention to produce a specific result (aim object or purpose)

Question 8

Maims mean

Answer 8

“Depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary”

Question 9

Define Disfigures and support your answer with case law

Answer 9

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

R v Rapana v Murray
Disfigures covers not only permanent damage but also temporary damage.

Question 10

Define Injury as per S2 CA1961 ?

Answer 10

To cause actual bodily harm

Question 11

Define Actual Bodily Harm

Answer 11

May be internal or external need not to be permanent or dangerous

Question 12

What was held in Rapana v Murray ?

Answer 12

Disfigure covers not only permanent damage but also temporary damage

Question 13

Circumstantial Evidence can be used to infer and offenders intent in relation to serious assaults.

Name the 3 interference in relations to the offenders intent

Answer 13

• Surrounding Circumstances
• Nature of the offence
• The offenders actions and words before, during and after the event.

Question 14

Define injury ?

Answer 14

To cause actual bodily harm

May be internal or external and need not to be permanent or dangerous

Question 15

Explanation for Doctrine of transferred malice ?

Answer 15

It is not necessary the person suffering harm was the intended victim.

Where the Defendant mistakes the identify of the person injured or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible.

Question 16

What are the 3 intent for ‘Aggravated Wounding’ S191(1)

Answer 16

• With intent to commit or facilitate the commission of any imprisonable offence
• with intent to detection of himself or of any other person in the commission of any imprisonable offence
• to avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence

Question 17

What are the two different outcome that are subsection to ‘Aggravated Wounding’ ?

Answer 17

• outcome is wounding / maiming or one of the other specified forms of
  Harm
• outcome is an injury

Question 18

What was held in the case law R v Tihi ?

Answer 18

It must be shown that the offender MEANT to cause the specified harm OR foresaw that the action undertaken by him were likely to expose others to the risk of suffering it

Question 19

What test must Prosecution satisfy a in respect to R v Tihi ?

Answer 19

Two fold test

• Defendant intended to facilitate the commission of an imprisonable offence
• He intended to cause the specified harm or was reckless as to that risk

Question 20

Define facilitate

Answer 20

To make possible or make easy / easier

Question 21

What was held in R v Sturm in relations to facilitate the commission of any imprisonable offence ?

Answer 21

It is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

Question 22

With intent to avoid detection

Answer 22

The offender causes the specified harm to prevent himself or another person being caught in the act

E.g. a ‘look out’ knocks a security guard unconscious to prevent him from walking in on a burglary in progress

Question 23

What was held in R v Wati ?

Answer 23

There must be proof of the commission of the offence 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

Explain what is meant by the term ‘Stupefy’ and support your answer with case law ?

Answer 24

Means to induce a state of stupor, to make stupid or groggy or insensible; to dull the senses or faculties

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

Question 25

Render means ….

Answer 25

Cause to be OR cause to become

Question 26

What must the offender do to cause ‘render’ to a person

Answer 26

Cause the Victim to lose consciousness

Question 27

What was held in R v Taisalika ?

Answer 27

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

Question 28

What was held in R v Crossan ?

Answer 28

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

Question 29

What additional circumstances evidence that may assist in proving offenders intent:

Answer 29

Prior threats
Evidence of premeditation
The use of a weapon
Whether any weapon used was opportunistic or purposely brought
The numbers of blows
The degree of force used
The body parts targeted by the offence (eg the head)
The degree of resistance or helplessness of the victim