Serious Assault

Question 1

WOUNDING WITH INTENT

Crimes Act 1961, Section 188(1)

Answer 1

• With intent to cause GBH
• To anyone
• Wounds, Maims, Disfigures or causes GBH
• Any person

Question 2

Crimes Act 1961 Section 188(1)

Penalty?

Answer 2

WOUNDING WITH INTENT (cause GBH)

14 years

Question 3

Crimes Act 1961, Section 188(2)

Penalty?

Answer 3

WOUNDING WITH INTENT (to injure/reckless)

7 years

Question 4

Wounding with Intent

Crimes Act 1961, Section 188(2)

Answer 4

• With intent to injure anyone
  OR
• With reckless disregard for the safety of others
• Wounds, maims, disfigures or causes GBH
• To any person

Question 5

Injuring with Intent

Crimes Act 1961, Section 189(1)

Answer 5

• With Intent to cause GBH
• To any person
• Injures
• Any person

Question 6

Crimes Act, Section 189(1)

Penalty?

Answer 6

Injures with intent to GBH

10 years

Question 7

Injuring with Intent

Crimes Act 1961, Section 189(2)

Answer 7

-With intent to injure anyone
OR
- With reckless disregard for the safety of others
- Injures
- Any Person

Question 8

Crimes Act Section 189(2)

Penalty?

Answer 8

Injures with intent to Injure/Reckless

5 years

Question 9

Intent

Answer 9

• To commit the act

- and get a specific result

Question 10

R v Taisalika

Answer 10

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

Question 11

Reckless

Answer 11

The conscious and deliberate taking of an unjustified risk.

Question 12

R v HARNEY

Answer 12

Reckless means the conscious and deliberate taking of an unjustified risk.
Proof the consequence complained of could well of happened, together with an intention to continue the course of conduct regardless of risk

Question 13

R v TIPPLE

Answer 13

Recklessness offender know of the risk or have conscious appreciation of the risk and requires a deliberate decision to run the risk.

Question 14

R v WATERS

Answer 14

Wound, Breaking of the skin with blood flow. Maybe internal or external.

Question 15

Disfigure

Answer 15

external injury that detracts from the personal appearance.

does not need to be permanent

Question 16

Crimes Act Section 191(1)

Answer 16

Aggravated Wounding

• With Intent:
  a) To commit or facilitate the commission of an imprisonable offence
  b) To avoid detection of himself or of any other person in the commission of any imprisonable offence
  c) To avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
• Wounds, Maims, Disfigures, Causes GBH to OR Stupefies, renders unconscious OR, by any violent means renders any person incapable of resistance
• Any person

Question 17

Crimes Act 191(2)

Answer 17

Aggravated Wounding

• With Intent:
  a) To commit or facilitate the commission of an imprisonable offence
  b) To avoid detection of himself or of any other person in the commission of any imprisonable offence
  c) To avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
• Injures
• Any person

Question 18

Aggravated Wounding- Section 191(1)

Penalty?

Answer 18

14 Years

Question 19

Aggravated Wounding - Section 191(2)

Penalty?

Answer 19

7 Years

Question 20

R v TIHI

Answer 20

Relation to 191
In addition to (a) - (c) must be shown the Offender meant to cause the specified harm or foresaw that the actions undertaken by them were likely to expose others to the risk of suffering it.

Question 21

R v STURM - 191(1)(a)

Answer 21

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

Question 22

R v STURM Stupefy

Answer 22

means to cause an effect on the mind or nervous system which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime