Serious Assault - Definitions

Question 1

Intent

Answer 1

A deliberate act to achieve a specific result.

Circumstances in which the offenders intent can be inferred:

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

R v Colister

“The nature of the blow and the gash which it produced, strongly point to the presence of necessary intent.”
R v Taisilika

Question 2

Grievous Bodily Harm

Answer 2

Harm that is really serious

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

Question 3

Any person

Answer 3

A gender neutral term. Generally accepted by judicial notice and proved by circumstantial evidence.

Question 4

Maims

Answer 4

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

Question 5

Disfigures

Answer 5

To deform or deface, to mar or altar the figure or appearance of a person.

“The word disfigure covers not only permanent damage but also temporary damage.”
R v Rapana and Murray

Question 6

Injure

Answer 6

To cause actual bodily harm.

“Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It needs to be not be permanent, but must, no doubt be more than transitory and trifling.”
R v Donovan

Question 7

Recklessness

Answer 7

“The conscious and deliberate taking of an unjustified risk.”
R v Harney

“Recklessness is established if:
1) the defendant recognised there was a real possibility that:
a) his or her actions would bring about the proscribed result; and/or
b) the proscribed circumstances existed; and
2) having regard to the risk those actions were unreasonable”
R v Cameron

“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.”
R v Tipple

Question 8

Facilitate the Commission

Answer 8

To make possible or to make easy or easier.

“It is not necessary for the prosecution to prove the intended crime was subsequently committed.”
R v Sturm

Question 9

Avoid Detection

Answer 9

Where the offender causes the specific harm to prevent himself or another person from being caught.

Question 10

Facilitate Flight

Answer 10

To make possible or to make easy or easier….

Their escape or to prevent their capture after the commission or attempted commission of an imprisonable offence.

Question 11

Renders Unconscious

Answer 11

To render a person unconscious, the offenders actions must cause the victim to lose consciousness.

Question 12

Any Violent Means

Answer 12

Includes the application of force that physically incapacitates a person.

R v Crossan

Incapable of resistance include a powerless of the will as well as a physical incapacity.

Question 13

Imprisonable Offence

Answer 13

An offence punishable by a term of imprisonment upon conviction.

“There must be proof of he 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.”
R v Wati

Question 14

Wounds

Answer 14

“Breaking of the skin evidenced by the flow of blood. may be internal or external.”
R v Waters