Serious Assaults

Question 1

Wounding With Intent To Cause Grievous Bodily Harm

Name the Section

Answer 1

Section 188(1) Crimes Act 1961

Question 2

What are the elements for wounding with intent Section 188(1) Crimes Act 1961?

Answer 2

With intent to cause grievous bodily harm
To any Person
Wounds OR Maims OR Disfigures OR Causes Grievous bodily harm
To any Person

Question 3

Wounding With Intent
What is the Section and ELEMENTS for reckless disregard?

Answer 3

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 grievous bodily harm
To any person

Question 4

What are the ELEMENTS for Injuring With Intent
Section 189(1), Crimes Act 1961

Answer 4

With intent to cause grievous bodily harm
To any Person
Injures
Any person

Question 5

Injuring With Intent Reckless

What is the Act?

Answer 5

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 6

Aggrevated Wounding

What is the Act? And Elements?

Answer 6

Section 191 (1) Crimes Act 1961

With intent:

(a) To commit or facilitate the commission of any imprisonable offence, OR

(b) To avoid the detection of himself or other person in the commission of any imprisonable offence OR

(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence

Wounds OR Maims OR Disfigures OR Causes Grievous bodily harm to any person OR stupefies OR Renders Unconscious any person OR by any violent means renders any person incapable of resistance.

Question 7

INTENT vs OUTCOME

Answer 7

Gbh. Injure. Wounds
189(1). 188(1)
10 years. 14 years

Reckless 189(2). 188(2)
5 years 7 years
OUTCOME
Intent
A,B or C. 191(2). 191(1)
7 years. 14 years

Question 8

With Intent to cause GBH

What case laws can you use to define Intent?

Answer 8

INTENT
Intent means an act must be deliberate. The act must be more than accidental.

R v TAISALIKA
-The nature of the blow and gash produced points strongly to the necessary intent.

OR

R v Collister = The Actions or words, before, during or after, surrounding circumstances and nature of the act infer intent.

OR

R v SMITH
Grievous Bodily Harm, ‘grievous’ - really serious and bodily harm needs no explanation.
(remember it relates to the intent not the result).

Question 9

To any person

Who is any person?

Answer 9

The Victim in the scenario. Remember any person has to mentioned twice.
Person proved by JN.

Question 10

COME BACK

Answer 10

Wounds
R v WATERS - breakage of skin, flow of blood (BOSFOB). Maybe internal or external.

Maims

Question 11

What Section is aggravated wounding?

Answer 11

Section 191 (1) Crimes Act 1961 & Section 191 (2) Crimes Act 1961.

Question 12

What are the 3 ELEMENTS of Intent for Aggravated Wounding?

Answer 12

With Intent :

A - To commit or facilitate the commission of any imprisonable offence (COAIO)

OR

B - To avoid the detection of himself or of any other person in the comission of any imprisonable offence (COAIO)

OR

C - To avoid the arrest or facilitate the flight of himself or any other person upon the comission of an imprisonable offence (COAIO) or Attempted (COAIO).