Serious Assaults

Question 1

Wounding with intent (1) liability

Answer 1

S188(1) CA 1961

With intent to cause GBH

To any person

Wounds OR maims OR disfigures OR causes GBH

To any person

Question 2

Wounding with intent (2) liability:

Answer 2

s188(2) CA 1961

with intent to injure any person or with reckless disregard for the safety of others

Wounds OR mains OR disfigures OR causes GBH

To any person

Question 3

Injuring with intent (1) liability

Answer 3

s189(1) CA 1961

With intent to cause GBH

To any person

Injures

Any person

Question 4

Injuring with intent (2)

Answer 4

s189(2) CA 1961

With intent to injure any person or with reckless disregard for the safety of others

Injures

Any person

Question 5

Aggravated wounding liability

Answer 5

s191(1) CA 1961

With intent

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 an imprisonable offence OR

C) to avoid arrest or facilitate flight of himself or any other person upon the finishing of an imprisonable offence

Wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious OR by any other violent means renders any person incapable of resistance

Any person

Question 6

R v Taisalika

Answer 6

The nature of the blow and the hash it produced point strongly to the prescence of the necessary intent

Question 7

Cameron v R

Answer 7

Recklessness is established if

The defendant recognised that there was a real possibility that

• his actions would bring about the proscribed result
• the proscribed circumstances exist

Having regard to that risk those actions were unreasonable

Question 8

R v Tipple

Answer 8

Recklessness requires the offender to know of or have a concious appreciation of the relevant risk, and requires a deliberate decision to run the risk

Question 9

R v MacArthur

Answer 9

Bodily harm is any hurt or discomfort

To interfere with the health or comfort

Need not be permanent

Must be more than transitory or trifling

Question 10

DPP V Smith

Answer 10

Grievous bodily harm is really serious harm

Question 11

R v Waters

Answer 11

A wound is the breaking of the skin evidenced by the flow of blood internal or external

Question 12

Maims definition

Answer 12

Mutilating or disabling a part of the body

Needs some degree or permanence

Question 13

Disfigures definition

Answer 13

Deform or deface

Alter the appearance

Question 14

R v Rapana and Murray

Answer 14

Disfigure covers permanent and temporary change

Question 15

Injure definition

Answer 15

Cause actual bodily harm

Question 16

Doctrine of transferred malice

Answer 16

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

Question 17

R v Sturm

Answer 17

In agg wounding, it is not necessary for prosecution to prove the intended crime was actually committed

Also: stupefy means have effect on nervous system

Question 18

R v Wati

Answer 18

Must be proof of a finishing or attempted commission of an offence

Question 19

R v Tihi

Answer 19

In addition to (a)-(c), must also prove that offender meant to cause the harm or foresaw the risk of his actions