Serious Assault Definitions

Question 1

Define Intent

Answer 1

A person does something intentionally if they mean to do it, they desire a specific result and act with aim or purpose to achieve it.

Question 2

Define Any person

Answer 2

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 3

Define GBH

Answer 3

Can be defined as harm that is really serious.

Question 4

Define Wounds

Answer 4

Broken skin or internal bleeding. Blood nose insufficient - must be a stab, laceration or rupture.

Question 5

Define Maims

Answer 5

Will involve mutilating, crippling, disabling part of the body as to deprive the victim of the use of a limb or one of the senses.

Question 6

Define Disfigures

Answer 6

To deform or deface, mar or alter persons figure or personal appearance.

Question 7

Define With reckless disregard for the safety of others

Answer 7

A persons conscious and deliberate taking of an unjustifiable risk.

Question 8

Define Injure

Answer 8

To Injure means to cause actual bodily harm.

Question 9

Define To commit

Answer 9

To do, perform, perpetrate

Question 10

Define Facilitate the commission

Answer 10

To make possible or to make easy or easier.

Question 11

Define Avoid detection

Answer 11

Offences under S191(1)(a) arise during the commission of an imprisonable offence,

Where the Offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 12

Explain R V MOHAN (A decision… ISFAIL)

INTENT

Answer 12

A decision to bring about, in so far as it lies within the accused power, the commission of an offence.

Question 13

Explain R V WAAKA (Fleeting/passing)

INTENT

Answer 13

A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act.

Question 14

Explain R V TAISALIKA (Blow & gash)

INTENT

Answer 14

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

Question 15

Explain R V TIHI (specific intent)

Answer 15

In addition to one of the specific intents outlined in paragraphs (a) (b) (c) “It must be shown that 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 16

Define Assault

Answer 16

S2 CA 1961
Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds the he has, present ability to effect his purpose; and to assault has a corresponding meaning.

Question 17

Define Violent means

Answer 17

Includes the application of force that physically incapacitates a person.

Question 18

Define Render Unconscious

Answer 18

To cause to be rendered unconscious. Must cause victim to lose consciousness.

Question 19

Define Facilitate Flight

Answer 19

To make possible or to make easy or easier.

The specified harm is caused to enable the offender/s to more easily effect their escape, or prevent their capture after the commission or attempted commission of an imprisonable offence.

Question 20

Define An Imprisonable Offence

Answer 20

S5 CPA 2011
Imprisonable offence means in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.

Question 21

Explain R V WATI (imprisonable offence)

There must be…

Answer 21

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.

Question 22

Explain R V STURM S191(1)(a)
Under S191(1)(a)...

Answer 22

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

Question 23

Explain R V STURM (Stupifies)

To cause an…

Answer 23

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 a way which might hinder an intended crime.

Question 24

Explain R V CROSSAN (Violent means)

Incapable of…

Answer 24

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