Serious Assault Offences

Question 1

What are the 2 elements for Aggravated Wounding s191 (a) (b) or (c)?

Answer 1

With intent -
1- a) to commit or facilitate the commission of any [imprisonable offence] OR
b) to avoid detection of himself or of any other person in the commission of any [imprisonable offence] OR
c) to avoid arrest or facilitate flight of himself or any other person upon the commission of any [imprisonable offence]

2 - wounds, maims, disfigured or causes GBH to any person,
stupefies or renders unconscious any person OR
by any violent means renders any person incapable of resistance.

Question 2

What are the elements for Aggravated injuring

S191 (2)?

Answer 2

With intent -
1- a) To commit or facilitate the commission of any [imprisonable offence] OR
b) to avoid the detection of himself or of any other person upon the commission of any [imprisonable offence] OR
c) To avoid the arrest of facilitate flight of himself or of any other person upon the commission or attempted commission of any [imprisonable offence]

2- injures

3- any person

Question 3

What is the section, Act and penalty for Wounding with intent to cause GBH?

Answer 3

S188 (1)

Crimes Act 1961

Penalty - 14 years

Question 4

What are the 4 elements for Wounding with intent s188 (1)[cause GBH]

Answer 4

1- with intent to cause GBH

2- To anyone

3- Wounds OR
Maims OR
Disfigured OR
causes GBH

4- any person

Question 5

What is the Act, section and penalty for Aggravated Wounding?

Answer 5

S191 (1)(a)(b) or (c)

Crimes Act 1961

Penalty - 14 years

Question 6

What is the Act, section and penalty for Aggravated injuring?

Answer 6

S191(2)

Crimes Act 1961

Penalty - 7 years

Question 7

What is the Act, section and penalty for Wounding with intent?

Answer 7

S188 (2)

Crimes Act 1961

Penalty - 7 years

Question 8

What are the 3 elements for Wounding with intent s188(2)

Answer 8

1-with intent to injure anyone
OR with reckless disregard for the safety of
others

2- wounds, maims, disfigures or Causes GBH

3- to any person

Question 9

What is the Act, section and penalty for Injuring with intent to cause GBH?

Answer 9

S189 (1)

Crimes Act 1961

Penalty - 10 years

Question 10

What are the 4 elements for injuring with intent S189 (1)

Answer 10

1-with intent to cause GBH

2- to any one

3- injures

4- any person

Question 11

What is the Act, section and penalty for injuring with intent? [injure]

Answer 11

S189 (2)

Crimes Act 1961

Penalty - 5 years

Question 12

Reckless disregard for the safety of others

Answer 12

Necessary to prove the defendant foresaw the risk to Injury to others, it is not necessary that he recognised the extent of the Injury

Question 13

The doctrine of transferred malice

Answer 13

It is not necessary that the person suffering the harm was the intended target victim. The defendant is still criminally responsible under the doctrine of transfered malic despite the wrong target being struck