Serious Assaults

Question 1

Section 188(1)
Crimes Act 1961

Answer 1

Wounding with intent:
Any person is liable for a term not exceeding 14y who with intent to cause GBH to any one, wounds, maims, disfigures, or causes GBH to any person

Question 2

Section 188(2)
Crimes Act 1961

Answer 2

Wounding with Intent:
Any person is liable for a term not exceeding 7y who with intent to injure anyone, or with reckless disregard for the safety of others,wounds, maims, disfigures or causes GBH to any person

Question 3

Section 189(1)
Crimes Act 1961

Answer 3

Injures with intent:

Any person is liable for a term not exceeding 10y who with intent to cause GBH to any one, injures any person

Question 4

Section 189(2)
Crimes Act 1961

Answer 4

Injures with intent:
Any person is liable for a term not exceeding 5y who with intent to injure any one, or with reckless disregard for the safety of others, injures any person

Question 5

Section 189A(1)
Crimes Act 1961

Answer 5

Strangulation
Any person is liable for a term not exceeding 7y who intentionally or recklessly impedes another persons normal breathing, blood or circulation or both.
(a) blocking their nose, mouth or both
(b) applying pressure on, or to, that other person’s throat, neck or both.

Question 6

Section 191(1)(a)
Crimes Act 1961

Answer 6

Aggravated Wounding:
Everyone is liable to imprisonment for a term not exceeding 14y who with intent to commit or facilitate the commission of any imprisonable offence wounds, maims,disfigures or causes GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance. Or

Question 7

Section 191(1)(b)
Crimes Act 1961

Answer 7

Aggravated Wounding:
Everyone is liable to imprisonment for a term not exceeding 14y who with intent to avoid the detection of himself or herself or any other person in the commission of any imprisonable offence wounds, maims,disfigures or causes GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance. Or

Question 8

Section 191(1)(c)
Crimes Act 1961

Answer 8

Aggravated Wounding:
Everyone is liable to imprisonment for a term not exceeding 14y who with intent to avoid the arrest or facilitate the flight of himself or herself or any other person upon the commission or attempted commission of any imprisonable offence wounds, maims,disfigures or causes GBH to any person, or stupefies or renders unconscious any person, or by violent means renders any person incapable of resistance.

Question 9

Section 191(2)
Crimes Act 1961

Answer 9

Aggravated injury:

Everyone is liable to imprisonment for a term not exceeding 7y who with any such intent as aforesaid injures any person

Question 10

Intent defintion

Answer 10

The intent to commit the act and

The intent to get a specific result

Question 11

Proving intent

Answer 11

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

Question 12

R v Taisalika

Answer 12

Intent Case Law

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

Question 13

Reckless disregard

Answer 13

Acting recklessly involves the conscious and deliberate taking of an unjustified risk

Question 14

R v Cameron

Answer 14

Reckless Case Law
Recklessness is established if:
(a)the defendant recognized that there was a real possibility that…
(i) his/her actions would bring about the proscribed result snd/or
(ii) that the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable

Question 15

R v Tipple

Answer 15

Reckless Case Law
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 16

R v McArthur

Answer 16

Bodily Harm Case Law
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 17

GBH defintion

Answer 17

Really serious harm

Question 18

DDP v Smith

Answer 18

GBH Case Law

Bodily harm needs no explanation and grievous is nothing more and nothing less than really serious

Question 19

R v Waters

Answer 19

Wounds Case Law

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

Question 20

Maims defintion

Answer 20

Involves mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or if one of the senses.
There needs to be some degree of permanence.

Question 21

Disfigures defintion

Answer 21

To deform or deface; to mar or alter the figure or appearance of a person. Does not need to be permanent.

Question 22

R v Rapana and Murray

Answer 22

Disfigures Case Law

Disfigure covers not only permanent damage but also temporary damage

Question 23

Doctrine of transferred malice

Answer 23

It is not necessary that the person suffering the harm was the intended victim.

Question 24

R v Tihi

Answer 24

Intent Case Law for s191
In addition to one of the specific intents outlined in paragraph (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

Question 25

Facilitate the commission defintion

Answer 25

To facilitate means to make possible or make easy/easier

Question 26

R v Sturm

Answer 26

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

Question 27

R v Wati

Answer 27

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 28

Stupefies defintion

Answer 28

Means to induce a state of stupor, to make stupid, groggy or insensible; to dull the senses or faculties.

Question 29

R v Sturm

Answer 29

Stupefies Case Law
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

Question 30

Render unconscious

Answer 30

To render means to cause to be or cause to become.

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

Question 31

By any violent means renders any person incapable of resistance

Answer 31

Violent means the application of force that physically incapacitates a person.
This can include threats of violence as well as physical restraints.

Question 32

R v Crossan

Answer 32

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