Serious Assault Definitions

Question 1

Two types of Intent

Answer 1

1. There must be an intention to commit the act 2. an intention to get a specific result

Question 2

R V TAISALIKA

Answer 2

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

Question 3

GBH

Answer 3

Harm that is really serious

DPP v SMITH

Grievous means no more and no less than really serious.

Question 4

Wound

Answer 4

R V WATERS

Breaking of the skin, flow of blood. At the site on a blow or impact it will more often than not be external, but may be internal.

Question 5

Maims

Answer 5

Mutilating, crippling or disabling a part of the body, so the victim is deprived of the use of a limb or one of their senses.

Question 6

Disfigures

Answer 6

R V RAPANA AND MURRAY

Disfigures covers not only permanent but also temporary damage.

Question 7

Injure

Answer 7

Means to cause actual bodily harm.

R V MCARTHUR

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 be more than transitory and trifling.

Question 8

Reckless disregard for the safety of others

Answer 8

The conscious and deliberate taking of an unjustified risk

Subjective - That the defendant consciously and deliberately ran a risk.

Objective - Based on whether a reasonable person would have taken the risk.

Cameron / Tipple

Question 9

R V Tihi

Answer 9

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

Question 10

Facilitate the commission

Answer 10

To make possible or to make it easier.

Question 11

Avoid detection

Answer 11

The offender causes the specified harm to prevent himself or another person from being “caught in the act”.

Question 12

Facilitate flight

Answer 12

The specified harm is caused to enable the offender/s to more easily effect their escape or to prevent the capture.

Question 13

R V WATI

Answer 13

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

Question 14

R V Sturm - Stupefies

Answer 14

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

Question 15

Renders unconscious

Answer 15

The offenders actions must cause the victim to lose consciousness.

Question 16

Any violent means

Answer 16

Not limited to physical violence and may include threats of violence, depending on the circumstances.

Question 17

Incapable of resistance

(R v Crosson)

Answer 17

R V CROSSAN

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

Question 18

Transferred malice

Answer 18

When the intention to harm one individual inadvertently causes a second person to be hurt instead, the offender is still held responsible.

Question 19

Imprisonable offence

Answer 19

An offence punishable by imprisonment

Question 20

R v Crosson

Answer 20

Incapable of resistence includes a powerlessness of the will as well as a physical incapacity.

Question 21

R v Taisalika

Answer 21

The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent Application: intent (serious assaults)

Question 22

R v Collister

( Big ‘C’ - Circumstantial)

Answer 22

Circumstantial evidence from which an offender’s intent may be inferred can include: - the offender’s actions and words before, during and after the event - the surrounding circumstances - the nature of the act itself Application: intent

Question 23

DPP v Smith

(3 DPP’s v 1 Smith in a fight = GBH to Smith)

Answer 23

‘Bodily harm’ needs no explanation and ‘grevious’ means no more and no less than ‘really serious’ Application: GBH

Question 24

R v Waters

(Water flows like blood from a wound)

Answer 24

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

Question 25

R v Rapana and Murray

(Think of two guys named Rapana and Murray dipping somone’s hand into hot oil - it is temporarily disfigured but able to be fixed with skin grafts)

Answer 25

Disfigure covers not only permanent damage but also temporary damage

Application: disfigures

Question 26

R v McArthur

(Mc ARRRRRRRRR Fuck that hurt when he smashed my kneecaps!!!)

Answer 26

‘Bodily harm’ includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but it must be more than transitory and trifling. Application: injures

Question 27

Cameron v R

(Shane Cameron the ex-boxer hiffing a full can of baked beans recklessly into a crowd - Recklessness)

Answer 27

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

Application: recklessness

Question 28

R v Tipple

(I’m going to ‘Tip all’ these stones off the bridge and onto the cars below - Recklessness)

Answer 28

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”. Application: recklessness

Question 29

R v Wati

(‘WAT’ the hell is ‘I’ doing with that knife!?!)

Answer 29

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

Application: aggravated wounding

Question 30

R v Tihi

(Tee hee hee - remember the tent skit in Austin Powers - two ‘X’ in tents - aggravated wounding)

Answer 30

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

Question 31

R v Sturm

(Sturm - Sperm - Rape: man threatens a woman with a gun to make her stop struggling and submit to being raped, whether or not he rapes her. If he commits rape - separate charge).

Answer 31

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

Question 32

R v Crossan

(They CROSS over)

Answer 32

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity. Application: incapable of resistance