Serious Assaults

Question 1

R v TIHI

Answer 1

In addition to paragraph 191(1)(a)-(c) the offender must have meant to cause specified harm or saw actions undertaken were likely to expose others to the risk of suffering it

Question 2

R v RAPANA and MURRAY

Answer 2

Disfigurement covers not only permanent damage but also temporary damage.

Question 3

DPP v SMITH

Answer 3

Bodily harm needs no explanation and grievous means no more and no less than ‘really serious’.

Question 4

R v WATERS

Answer 4

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

Question 5

R v STURM

Answer 5

• cause an effect on the mind and nervous system of a person which interferes with mental and physical ability to hinder the crime.
• in section 191(1)(a) it is not necessary to prove the intended crime was actually committed.

Question 6

R v CROSSAN

Answer 6

• includes a powerlessness of will as well as a physical incapacity.
• ‘Taking away’ and ‘detaining’ are distinct and separate offences.

Question 7

R v COLLISTER

Answer 7

Circumstantial evidence can be inferred from:

• the offenders words and actions
• surrounding circumstances
• nature of the act itself

Question 8

R v TAISALIKA

Answer 8

Nature of the blow and the gash produced point to the necessary intent.

Question 9

CAMERON v R

Answer 9

Recklessness is established if:

• the defendant recognises his/her actions would bring about a harmful result and/or that risk of harm exists.
• having regard to that risk, their actions were unreasonable.

Question 10

R v McARTHUR

Answer 10

Bodily harm need not be permanent but must be more than transitory and trifling.

Question 11

R v TIPPLE

Answer 11

Recklessness requires that the offender knows of, or has an appreciation of the relevant risk, and they make a deliberate decision to “run the risk”.