Serious Assault - Case Law

Question 1

R v TAISALIKA
- Intent (serious assault)

Answer 1

The nature of the blow and the gash point to the presence of the necessary intent.

Question 2

R v COLLISTER
- Intent

Answer 2

The offenders actions and words before, during and after the event, the surrounding circumstances and the nature of the act itself.

Question 3

DPP v SMITH
- GBH

Answer 3

GBH means really serious harm.

Question 4

R v WATERS
- Wound

Answer 4

A wound is a breaking of the skin evidenced by the flow of blood. May be internal or external.

Question 5

R v Donovan
- Injures

Answer 5

Bodily harm includes any hurt or injury.
It does not need to be permanent but more than trifling.

Question 6

CAMERON v R
- Recklessness

Answer 6

The conscious and deliberate taking of an unjustified risk. Risk was unreasonable.

Question 7

R v TIPPLE
- Recklessness

Answer 7

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

Question 8

R v TIHI - Aggravated Wounding

Answer 8

The offender meant to cause specified harm and foresaw the risk of suffering to others.

Question 9

R v CROSSAN - Incapable of Resistance

Answer 9

Incapable of resistance, powerlessness, physical incapacity.