Serious Assault

Question 1

Name the Act, Section, Penalty and Ingredients for Wounding with Intent to Cause GBH.

Answer 1

Wounding with Intent to Cause GBH
CA1961 S188(1)
Penalty: 14 Years

With intent to cause grievous bodily harm / to any one / wounds OR maims OR disfigures OR causes GBH / any person

Question 2

Name the Act, Section, Penalty and Ingredients for Wounding with Intent.

Answer 2

Wounding with Intent
CA1961 S188(2)
Penalty: 7 Years

With intent to injure anyone OR with reckless disregard for the safety of others / wounds OR maims OR disfigures OR causes GBH / to any person

Question 3

Name the Act, Section, Penalty and Ingredients for Injuring with Intent (GBH).

Answer 3

Injuring with Intent
CA1961 S189(1)
Penalty: 10 Years

With intent to cause grievous bodily harm / to any one / injures / any person

Question 4

Name the Act, Section, Penalty and Ingredients for Injuring with Intent.

Answer 4

Injuring with Intent
CA1961 S189(2)
Penalty: 5 Years

With intent to injure any one OR with reckless disregard for the safety of others / injures / any person

Question 5

Name the Act, Section, Penalty and Ingredients for Aggravated Wounding.

Answer 5

Aggravated Wounding
CA1961 S191(1)(a) or (b) or (c)
Penalty: 14 Years

(a) With intent to commit or facilitate the commission of any imprisonable offence OR (b) with intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR (c) with intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence / wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious OR by any violent means renders the person incapable of resistance / any person

Question 6

Name the Act, Section, Penalty and Ingredients for Aggravated Injuring.

Answer 6

Aggravated Injuring
CA1961 S191(2)
Penalty: 7 Years

(a) With intent to commit or facilitate the commission of any imprisonable offence OR (b) with intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR (c) with intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence / injures / any person

Question 7

What was held in R v Mohan?

Answer 7

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence”

Question 8

What was held in R v Waaka?

Answer 8

A “fleeting or passing thought” is insufficient, there must be a “firm intent or firm purpose to effect an act”

Question 9

What was held in R v Taisalika?

(Defendant crashed a party and struck victim over the head with a glass. Def claimed that he was so drunk at the time that he could not have had the necessary intent)

Answer 9

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 10

What was held in R v Rapana and Murray?

Defs held down their victim and tattooed red marks on his face, faded by the time of the trial

Answer 10

The word ‘disfigure’ covers ‘not only permanent damage but also temporary damage’.

Question 11

What was held in DPP v Smith?

Answer 11

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

Question 12

What was held in R v Waters?

Answer 12

A breaking of the skin would commonly be regarded as a characteristic of a wound.The breaking of the skin will normally be evidenced by a flow of blood and, in it’s occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

Question 13

What was held in R v Donovan?

Question 14

What was held in R v Harney?

Question 15

What was held in R v Tihi?

Question 16

What was held in R v Wati?

Question 17

What was held in R v Sturm?

Question 18

What was held in R v Crossan?