Serious Assault

Question 1

Wounding With Intent

Answer 1

S188 (1) CA61

With Intent to cause GBH
to any person
,wounds, maims, disfigures, or causes GBH to any person

Question 2

Injures With Intent

Answer 2

S189 (1) CA61

With Intent to cause GBH
to any person, injures
any person.

Question 3

Wounding With Intent Reckless

Answer 3

S188 (2) CA61

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 4

What does Injures With Intent under S189 (2) CA61 refer to?

Answer 4

With Intent to injure any person or with reckless disregard for the safety of others, injures
to any person.

Question 5

What is Aggravated Wounding as per S191(1) CA61?

Answer 5

With Intent
to commit or facilitate the commission of any imprisonable offence,
avoid detection of himself or any other person in the commission of any imprisonable offence,
Avoid arrest or facilitate flight of himself or any other person in the commission of an improsonable offence,
wounds, maims, disfigures, or causes GBH, stupefies, renders unconscious, or by any violent means renders incable of resistance.

Question 6

Aggravated Injury under S191(2) CA61 involve?

Answer 6

With Intent
to commit or facilitate the commission of any imprisonable offence,
avoid detection of himself or any person upon commission of any imprisonable offence.
Avoid arrest or facilitate flight of himself or any person upon commission of any imprisonable offence.
Injures any person

Question 7

What is defined by Strangulation/Suffocation under S189(A) CA61?

Answer 7

With Intent or reckless disregard for safety of others, impedes normal breathing or blood circulation.

Question 8

What is Mens Rea?

Answer 8

Intention to commit an act and intention to get a specific result.

Question 9

What case established the concept of undertaking an unjustified risk?

Answer 9

Cameron V R.

Established a defendant recognised real possibility that the actions would bring about prescribed result and prescribe circumstances existed and having regard to that risk, those actions were unreasonable.

Question 10

True or False: Mens Rea includes positional asphyxiation.

Answer 10

False.

Question 11

R V Tipple

Answer 11

The defendant no I have conscious appreciation of risk and makes deliberate decision to run the risk

Question 12

What is Bodily Harm as defined in R V Donavan?

Answer 12

Any hurt or injury that interferes with health or comfort of victim, more than trifling or transitory.

Question 13

What is the difference between Wounds and GBH?

Answer 13

Injury < Wounds < GBH; grievous refers to the degree of harm that is really serious.

Question 14

What does grievous mean in legal context?

Answer 14

No more and no less than serious.

DPP V Smith

Question 15

DPP V Smith

Answer 15

Grevious means no more and no less than serious.

Question 16

What does ‘Maims’ refer to?

Answer 16

To deprive a person of use of limb/member, causing them to be less able to defend or fight. Some degree of permanence.

Question 17

What does ‘Disfigures’ mean?

Answer 17

To deform, deface, mar, or alter the appearance. Need not be permanent.

R V Rapsna and Murray - not need be permanent but can be temporary damage.

Question 18

True or False: Disfigurement must be permanent.

Answer 18

False.

Question 19

What is Transferred Malice?

Answer 19

Person injured need not be the accused intended person.

Question 20

What does ‘Facilitate’ mean in the context of an assault?

Answer 20

To make easier.

Question 21

R V Sturm

Answer 21

Facilitate - imprisonable offence need not be committed (a)

Question 22

What does ‘Stupefies’ refer to?

Answer 22

Dulling the senses or causing a state of stupor.

Question 23

What is meant by ‘Violent Means’?

Answer 23

Physical application of force, not limited to threats of violence.

R V CROSSAN incapable of resistance includes powerlessness of will as well as physical incapacity

Question 24

R V Crossan

Answer 24

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

Question 25

RV COLLISTER

Answer 25

/actions/words/ before during and after,
Circumstances surrounding
nature of act.

Question 26

GBH

Answer 26

Harm that is really serious

Question 27

Violent means

Answer 27

Physical application of force not limited to threats of violence.

R V CROSSAN

Victim handgun held a hidden fear. If she resisted she would be shot in capable of resistance includes powerlessness of Will as as well as physical in capacity.

Question 28

R V Tihi

Answer 28

Aggravated

Intention to commit in reasonable offence
Intention to cause specified harm or for so the actions were likely to cause harm.

Question 29

R V Wati

Answer 29

Aggravated
Must be proof of the attempt or commission of the crime by the person committing the assault. Relates to C.

Question 30

R V Sturm

Answer 30

‘Facilitate’ and ‘Stupefies’
Not to need approved imprisonable fee to post committed.
Effective mind and nervous system which seriously interferes with the mental/physical ability.
Relates to A.