SERIOUS ASSAULT Case Law

Question 1

R v Waters

Answer 1

A wounds is breaking of the skin evidenced by the flow of blood.

Question 2

R v Waaka

Answer 2

Intent - A fleeting or passing thought is not sufficient. There must be a firm intent to a firm purpose to effect the act.

Question 3

R v Taisalka

Answer 3

The nature of the blow and the gash which is produced on the complainants head would point strongly to the presence of the necessary intent.

Question 4

DDP vs Smith

Answer 4

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

Question 5

R v Waters

Answer 5

Wound - Breaking of the skin would be commonly regarded as characteristic of a wound. The breaking of the skin will normally be evidenced by the flow of blood and, in its occurrence at the site of the 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 the tissue may be internal.

Question 6

R v Rapana and Murray

Answer 6

Disfigure - The word disfigure covers not only permanent damage but also temporary damage.

Question 7

R v Mcarthur

Answer 7

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 transitory and trifling.

Question 8

R v Tipple

Answer 8

Recklessness requires the offender know of, or have conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk.

Question 9

R v Tihi

Answer 9

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

Question 10

R v Strum (Stupefies)

Answer 10

To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interfere with that person’s mental or physical ability to act in any way which might hinder an intended crime.

Question 11

R v Wati

Answer 11

There must be proof of the commission or attempted commission of the crime by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.