Serious Assaults

Question 1

What’s R v Waters?

Answer 1

Breaking of the skin evidenced by the flow of blood.

Question 2

Wounding with intent 188(1)

GAWA

Answer 2

• With intent to cause GBH
• To any person
• Wounds, maims, disfigures
• To any person

Question 3

Wounding with intent 188(2)

RAW

Answer 3

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

Wounds or maims or disfigures or causes GBH.

To any person.

Question 4

What’s Intent?

Answer 4

Intent is a deliberate act to get a specific outcome.

Question 5

What R v Taisalika?

Serious assaults

Answer 5

Nature of the blow and the gash which it produced point strongly to the presence of the necessary intent

Question 6

Injuring with intent section 189(1)

GAIA

Answer 6

With intent to cause GBH

To any person

Injures

Any person

Question 7

Injuring with intent section 189(2)

RIA

Answer 7

With intent to injure any person or with reckless disregard

Injures

Any person

Question 8

What’s recklessness?

Answer 8

Conscious and deliberate taking of an unjustified risk.

Question 9

What’s Cameron v R

Recklessness

Answer 9

Defendant recognized a real possibility that

Their actions would bring about a result

Having thought about that, their actions were unreasonable.

Question 10

Aggravated Wounding Section 191 (1)

And

Aggravated injuring 191 (2)

CAFWI

Answer 10

(1)Every person liable 14 years who with intent:

A) To commit or facilitate the commission of any imprisonable offence.

B) To avoid detection of himself or any other person

C) To avoid arrest or facilitate flight of himself or any other person, commissioned or attempted commission of an offence.

Wounds or mains or disfigures or causes grevious bodily harm or stupefied or renders unconcious any person or by any violent means renders any person incapable of resistance.

(2) 7 years, same intent but Injures any person.

Question 11

Strangulation or suffocation section 189A

Answer 11

Everyone is liable to 7 years who intentionally or recklessly impedes another person’s normal breathing, blood circulation, or both, by doing all or any of the following:

a) blocking that other persons nose, mouth or both.
b) applying pressure on, or to, that other persons throat neck of both.

Question 12

What’s R v Collister?

Intent inferred?

Answer 12

Talks about defendants intent could be inferred from the circumstances.

Question 13

What’s Intent derived from?

Answer 13

Intent is a mental attitude which can be inferred from the surrounding facts and circumstances.

Question 14

What’s R v Tihi?

Relating to aggravated Wounding

Answer 14

In addition to intents of A B C.

Must he shown the offender intended to cause specified harm or foresaw his actions were likely to expose others.

Question 15

R v Sturm

Stupify

Answer 15

Cause an effect on the mind or nervous system which interferes with that person’s ability to act in a way to hinder or stop intended crime.

Question 16

R v Crosson

Answer 16

Incapable of resistance includes powerlessness of the will.

Question 17

R v McArthur

Bodily Harm

Answer 17

Bodily harm includes any hurt or injury meant to effect health or comfort of the victim.

Question 18

R v Rapana & Murray

Answer 18

Covers that an injury to be a disgurement is not only permanent damage, it can also be temporary.

Question 19

Does actual bodily harm include psychiatric conditions?

Answer 19

Yes! Mere emotions around the offence do not count. There needs to be medical evidence with an identifiable clinical condition.

Question 20

R v Sturm (a)

Agg Wounding

Answer 20

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