Serious Assaults

Question 1

Wounding with intent - GBH (Elements)

Answer 1

WOUNDING WITH INTENT
Section 188(1) Crimes Act 1961

• With intent to cause GBH
• To any person
• Wounds or Maims or Disfigures or Causes GBH
• To any person

Question 2

Intent (Definition)

Answer 2

to commit the act to get a specific result

Question 3

Intent (Case Law)

Answer 3

R v COLLISTER:
Circumstantial evidence which an offenders intent can be inferred include
* Actions and words before, during and after the event
* Surrounding circumstances
* Nature of the act

R v TAISALIKA:
The nature of the blow and the gash it produced point strongly to the presence of the necessary intent

Question 4

GBH (Definition)

Answer 4

Harm that is really serious

Question 5

GBH (Case Law)

Answer 5

DPP v SMITH:
Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 6

Wounds (Definition)

Answer 6

Breaking of the skin and flow of blood or ruptures of internal organs may amount to a wound

Question 7

Wounds (Case Law)

Answer 7

R v WATERS:
A wound is the breaking of the skin evidenced by the flow of blood. Maybe internal or external

Question 8

Maims (Definition)

Answer 8

Deprive the victim of the use of a limb or one of the senses. Needs to be some degree of permanence

Question 9

Disfigures (Definition)

Answer 9

To deform or deface; to mar or to alter the figure or appearance of a person

Question 10

Disfigures (Case Law)

Answer 10

R v RAPANA & MURRAY
Disfigure covers not only permanent damage but also temporary damage

Question 11

Wounding with intent - Injure (Element)

Answer 11

Section 188(2) Crimes Act 1961
* 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 12

Injures (Definition)

Answer 12

To injure means to cause actual bodily harm. (Section 2 Crimes Act 1961)

Question 13

Injures (Case Law)

Answer 13

R v MCARTHUR:
Bodily harm includes any hurt or injury that will interfere with the health or comfort of the victim. It need not be permanent

Question 14

Reckless (Definition)

Answer 14

Consciously and deliberately ran a risk which is unreasonable in the circumstances

Question 15

Reckless (Case Law)

Answer 15

CAMERON v R
The defendant recognised real possibility actions would bring about proscribed result and it was unreasonable given the circumstances

Question 16

Injuring with intent - GBH (Elements)

Answer 16

Section 189(1) Crimes Act 1961
* With intent to cause GBH
* To any person
* Injures
* Any person

Question 17

Injuring with intent (Elements)

Answer 17

Section 189(2) Crimes Act 1961
* With intent to injure any person or With reckless disregard for the safety of others
* Injures
* Any person

Question 18

Aggravated Wounding (Elements)

Answer 18

Section 191(1) Crimes Act 1961
* With intent to
o Commit or facilitate the commission of any imprisonable offence or
o To avoid the detection of himself or any other person in the commission of an imprisonable offence or
o To avoid arrest or facilitate the escape of himself or any other person upon the commission or attempted commission of any imprisonable offence
* Wounds or Maims or Disfigures or Causes GBH to any person or
* Stupefies or
* Renders any person unconscious or
* By any violent means renders any person incapable of overcoming resistance
* Any person

Question 19

Avoid arrest (Definition)

Answer 19

Harm is caused to enable the offender(s) to easily escape or prevent capture

Question 20

Avoid arrest (Case Law)

Answer 20

R v WATI:
Must be proof of the commission or attempted commission of a crime by person committing the assault or person whose arrest or escape he intends to avoid or facilitate

Question 21

Aggravated wounding Intent (Case Law)

Answer 21

R v TIHI: Together with intents mentioned a – c it must be shown the offender meant to cause harm or could see his actions would likely expose others to the risk of suffering it

Question 22

Stupefies (Definition)

Answer 22

Make stupid, groggy, insensible. Dull the senses

Question 23

Stupefies (Case Law)

Answer 23

R v STURM:
Cause an effect on a persons mind or nervous system which will interfere with their mental or physical ability to act in a manner that might hinder a crime

Question 24

Cause by any violent means (Definition)

Answer 24

Does not have to be physical but can also be threats of violence depending on the circumstances

Question 25

Cause by any violent means (Case Law)

Answer 25

R v CROSSAN:
Incapable of resistance. Powerlessness of the will and physical incapacity

Question 26

Aggravated Injury (Elements)

Answer 26

Crimes Act 1961 Section 191(2)
* With intent to
o Commit or facilitate the commission of any imprisonable offence or
o To avoid the detection of himself or any other person in the commission of an imprisonable offence or
o To avoid arrest or facilitate the escape of himself or any other person upon the commission or attempted commission of any imprisonable offence

• Injures any person

Question 27

Aggravated Assault (Elements)

Answer 27

Crimes Act 1961 Section 192(1)

• Who assaults any other person with intent to
• Commit or facilitate the commission of any imprisonable offence or
• To avoid the detection of himself or any other person in the commission of an imprisonable offence or
• To avoid arrest or facilitate the escape of himself or any other person upon the commission or attempted commission of any imprisonable offence

Question 28

Aggravated Assault Constable (Elements)

Answer 28

Crimes Act 1961 Section 192(2)
- Assaults any
- Constable or any person acting in aid of any constable or
- Any person in the lawful execution of any process
- With intent to obstruct the person so assaulted in the execution of his duty

Question 29

Doctrine of transferred malice

Answer 29

It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice

Question 30

Transferred malice (Case Law)

Answer 30

R v HUNT
The defendant, while breaking into another man’s stables, was caught by the property owner and his servant. Hunt attempted to stab the property owner with a knife, but in the ensuing struggle he unintentionally inflicted a superficial cut to the servant’s wrist.