Serious Assaults

Question 1

Wounding with intent
(to cause GBH)

Answer 1

S188(1)

WITCGBH
TAP
W/M/D/CGBH
TAP

Question 2

Wounding with intent
(to injure)

Answer 2

S188(2)

WITIAP/WRDFTSOO
W/M/D/CGBH
TAP

Question 3

Injuring with intent
(to cause GBH)

Answer 3

S189(1)

WITCGHB
TAP
I
AP

Question 4

Injuring with intent
(to injure)

Answer 4

S189(2)

WITIAP/WRDFTSOO
I
AP

Question 5

Aggravated Wounding
Section 191(1)(a)

Answer 5

WI
TCOFTCOAIO
W/M/D/CGBHTAP/S…
…RUAP/BAVMRAPIOR

Question 6

Aggravated Wounding
Section 191(1)(b)

Answer 6

WI
TATDOHOOAOPITCOAIO
W/M/D/CGBHTAP/S…
…RUAP/BAVMRAPIOR

Question 7

Aggravated Wounding
Section 191(1)(c)

Answer 7

WI
TATAOFTFOHOOAOPUTCOACOAIO
W/M/D/CGBHTAP/S…
…RUAP/BAVMRAPIOR

Question 8

R v Taisalika

Answer 8

Intent (Serious Assault)

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

Question 9

R v Rapana and Murray

Answer 9

Disfigure

Disfigure covers not only permanent damage but also temporary damage.

Question 10

DPP v Smith

Answer 10

GBH

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

Question 11

R v Waters

Answer 11

Wound

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

Question 12

R v Donovan

Answer 12

Bodily harm

Bodily harm includes any hurt or injury calculated to interfere with health or comfort of the victim.
It need not be permanent but must be more than transitory and trifling.

Question 13

Cameron v R

Answer 13

Recklessness

Recklessness is established if:
a) the defendant recognised that there was a real possibility:
i) his or her actions would bring about proscribed result; and/or
ii) that the proscribed circumstances existed; and
b) having regard to that risk those actions were unreasonable.

Question 14

R v Tihi

Answer 14

Aggravated Wounding - s191(1)

In addition to one of the specific intents outlined in paragraphs (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 15

R v Wati

Answer 15

Aggravated Wounding - s191(1)(c)

There must be proof of the COACOAIO either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

Question 16

R v Sturm

Answer 16

Aggravated Wounding - s191(1)(a)
Need NOT prove the crime was actually subsequently committed.

Stupefy
Means the 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 17

R v Crossan

Answer 17

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

Taking away and detaining are “separate and distinct offences”.