SERIOUS ASSAULT

Question 1

WOUNDING WITH INTENT - TO CAUSE GBH

Answer 1

188(1) CA

• WITH INTENT TO CAUSE GBH
• TO ANY PERSON
• WOUNDS/MAIMS/DISFIGURES/CAUSED GBH
• TO ANY PERSON

Question 2

INTENT - 188(1)

Answer 2

MUST BE AN INTENTION TO
- COMMIT THE ACT AND GET SPECIFIC RESULT

MUST BE DELIBERATE. MORE THAN INVOLUNTARY OR ACCIDENTAL

Question 3

INTENT CASE LAW

Answer 3

TAISALIKA
- THE NATURE OF THE BLOW AND THE GASH WHICH IS PRODUCED POINTS STRONGLY TO THE PRESENCE OF THE NECESSARY INTENT

COLLISTER
CIRCUMSTANTIAL EVIDENCE
- ACTION AND WORDS BEFORE, DURING, AFTER
- SURROUNDING CIRCUMSTANCES
-THE NATURE OF THE ACT ITSELF

Question 4

GBH DEFINED AS

Answer 4

REALLY SERIOUS HARM

Question 5

GBH CASE LAW

Answer 5

BODILY HARM NEEDS NO EXPLANATION

GRIEVOUS MEANS NO MORE AND NO LESS THAN REALLY SERIOUS HARM

Question 6

188(1) TO ANY PERSON

188(2) TO ANY PERSON

Answer 6

• GENDER NEUTRAL
• JUDICIAL NOTICES OR PROVED BY CIRCUMSTANTIAL EVIDENCE
• AGE OF VICTIM IRRELEVANT

DOCTRINE OF TRANSFERRED MALICE:
- WRONG TARGET BEING STRUCK STILL MAKES YOU CRIMINALLY LIABLE

Question 7

WOUND - CASE LAW

Answer 7

WATERS

- BREAKING OF THE SKIN EVIDENCED BY THE FLOW OF BLOOD. INTERIOR OR EXTERIOR

Question 8

MAIMS DEFINED AS

Answer 8

• DEPRIVE VICTIM OF USE OF A LIMB OR SENSOR

- SOME DEGREE OF PERMANENCY

Question 9

DIFIGURES DEFINED AS

Answer 9

DEFORM OR DEFACE, TO MAR OR ALTER APPERANCE OF FIGURE

Question 10

DISFIGURE CASE LAW

Answer 10

RAPANA AND MURRAY

DISFIGURES COVERS NOT ONLY PERMANENT DAMAGE BUT ALSO TEMPORARY

Question 11

WOUNDING WITH INTENT - TO INJURE OR WITH RECKLESS DISREGARD

Answer 11

188(2) CA

• WITH INTENT TO INJURE ANY PERSON OR
• WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS
• WOUNDS/MAIMS/DISFIGURES/CAUSES GBH
• TO ANY PERSON

Question 12

INJURE DEFINED AS

Answer 12

ACTUAL BODILY HARM

Question 13

INJURE CASE LAW

Answer 13

MCARTHUR
BODILY HARM INCLUDES ANY HURT OR INJURY CALCULATED TO INTERFERE WITH THE HEALTH OR COMFORT OF THE VICTIM.
DOESN’T HAVE TO BE PERMANENT BUT MORE THAN TRANSITORY AND TRIFLING

Question 14

RECKLESS DEFINED AS

Answer 14

MUST BE PROVED:

• THE DEFENDANT CONSCIOUSLY AND DELIBERATELY RAN A RISK (A SUBJECTIVE TEST)
• THAT THE RISK WAS ONE THAT WAS UNREASONABLE TO TAKE IN THE CIRCUMSTANCES AS THEY WERE KNOWN TO THE DEFENDANT (OBJECTIVE TEST)

Question 15

RECKLESS CASE LAW

Answer 15

HARNEY

• A CONSCIOUS AND DELIBERATE TAKING OF AN UNJUSTIFIED RISK
• INVOLVES PROOF THAT THE CONSEQUENCE COMPLAINED OF COULD WELL HAPPEN, TOGETHER WITH AN INTENTION TO CONTINUE THE COURSE OF CONDUCT REGARDLESS OF THE RISK

TRIPPLE
- RECKLESSNESS- THE OFFENDER KNOW OF OR HAVE A CONSCIOUS APPRECIATION OF THE RELEVANT RISK AND IT MAY BE SAID THAT IR REQUIRES A DELIBERATE DECISION TO RUN THE RISK

Question 16

AGGRAVATED WOUNDING

Answer 16

191(1) CA
WITH INTENT:
A) COMMIT OR FACILITATE COMMISSION OF ANY IMPRISONABLE OFFENCE
B)TO AVOID DETENTION OF SELF OR ANY OTHER PERSON IN THE COMMISSION OF ANY IMPRISONABLE OFFENCE
C) TO AVOID ARREST OR FACILITATE THE FLIGHT OF SELF OR OTHER UPON COMMISSION OR ATTEMPTED COMMISSION

Question 17

TO AVOID ARREST OF FACILITATE OF SELF OR OTHER UPON COMMISSION OR ATTEMPTED COMMISSION - CASE LAW

Answer 17

WATI
- MUST BE PROOF OF COMMISSION OF ATTEMPTED COMMISSION OF A CRIME BY PERSON COMMITTING ASSAULT OR BU PERSON WHOSE ARREST HE INTENDS TO FACILITATE

Question 18

AGGRAVATED WOUNDING CASE LAW

Answer 18

TIHI
- IN ADDITION TO A-C MUST BE SHOWN THE DEFENDANT MEANT TO CAUSE THE SPECIFIED HARM OR FORESAW THAT THE ACTIONS UNDERTAKEN BY HIM WERE LIKELY TO EXPOSE OTHERS TO SUFFERING

Question 19

STUPEFIES DEFINED AS

Answer 19

INDUCES STATE OF STUPOR, TO MALE STUPID/GROGGY OR INSENSIBLE TO DULL THE SENSES

Question 20

STUPEFIES CASE LAW

Answer 20

STURM
- CAUSE AN EFFECT ON THE MIND OR NERVOUS SYSTEM OF A PERSON WHICH REALLY SERIOUSLY INTERFERES WITH THE PERSONS MENTAL OR PHYSICAL ABILITY TO ACT IN ANYWAY THAT MIGHT HINDER AN INTENDED CRIME

Question 21

RENDER UNCONSCIOUS ANY PERSON DEFINED AS

Answer 21

RENDER = CAUSE TO BE OR CAUSE TO BECOME

THE OFFENDERS ACTIONS MUST CAUSE THE VICTIM TO LOSE CONSCIOUSNESS

Question 22

BY ANY VIOLENT MEANS RENDERS ANY PERSON INCAPABLE OF RESISTANCE

Answer 22

VIOLENT MEANS = NOT LIMITED TO PHYSICAL VIOLENCE. MAY INCLUDE THREATS OF VIOLENCE DEPENDING ON THE CIRCUMSTANCES

Question 23

INCAPABLE OF RESISTANCE CASE LAW

Answer 23

CROSSAN

- INCAPABLE OF RESISTANCE - INCLUDES A POWERLESSNESS OF THE WILL AS WELL AS A PHYSICAL INCAPACITY