Serious assault

Question 1

Section 188(1)

Answer 1

WOUNDING WITH INTENT
With Intent to Cause GBH
To Any person
Wounds, Maims, Disfigures or causes GBH
To Any Person

Question 2

Section 188 (2)

Answer 2

WOUNDING WITH INTENT
With Intent to Injure any person or with reckless disregard for the safety of others
Wounds, Maims, Disfigures or causes GBH
To any person

Question 3

Section 189(1)

Answer 3

INJURES WITH INTENT
With Intent to cause GBH
To any person
Injures
Any Person

Question 4

Section 189 (2)

Answer 4

INJURES WITH INTENT
With Intent to Injure any Person or with reckless disregard for the safety of others
Injures
Any Person

Question 5

Section 191(1)

Answer 5

AGGRAVATED WOUNDING
With Intent
(a) to commit or facilitate the commission of any imprisonable offence
(b) to avoid detection of himself, herself or any other person in the commission of any imprisonable offence
(c) to avoid arrest or facilitate the escape of himself, herself or any other person in the commission of any imprisonable offence

Wounds, Maims, disfigures, cause GBH to any person, stupefies or renders unconscious any person or by violent means renders any person incapable of resistance.

Question 6

Intent CL x 2

Answer 6

R v Taisalika

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

Question 7

Intent
Def

Answer 7

Deliberate Act - Specific Result

Question 8

Injury Def:

Answer 8

to cause actual bodily harm

Question 9

Injury CL

Answer 9

R v Donavan/McArthur
‘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 more than transitory and trifling

Question 10

Doctrine of transferred malice

Answer 10

It is not necessary that the person suffering the harm was the intended victim. Mistaken identity or struck wrong target still liable under the doctrine of transferred malice

Question 11

Aggravated Wounding CL

Answer 11

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

Question 12

Agg Wounding CL
191(1)(a)

Answer 12

R v STURM
Under section 191(1)(a)
It is not necessary for the prosecution to prove the intended crime was actually subsequently committed

Question 13

GBH CL

Answer 13

DDP V Smith

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

Question 14

WOUND CL

Answer 14

R v WATERS
A wound is a ‘breaking of the skin evidenced by the flow of blood. May be Internal or External.

Question 15

DISFIGURES CL

Answer 15

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

Question 16

Section 191(1)(c) CL

Answer 16

R v Wati
There must be proof of the commission or the 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 17

Stupefy CL

Answer 17

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 18

R v Crossan

Answer 18

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