Serious Assaults

Question 1

R v Tihi

Answer 1

In addition to one of the intents in 191 a-c it must be shown that the offender meant to cause the specified harm or foresaw the actions undertaken by him were likely to expose others to the risk of suffering it

Question 2

R v Sturm

Answer 2

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

Question 3

Wounding with intent (1)

Answer 3

• With intent to cause GBH
• to any person
• wounds or maims or disfigures or causes GBH
• to any person

Question 4

Injuring with intent (1)

Answer 4

• With intent to cause GBH
• To any person
  -injures
• any person

Question 5

Injures with intent (2)

Answer 5

• With intent to injure any person or reckless disregard for the safety of others
• injures
• any person

Question 6

Wounds with intent (2)

Answer 6

• with intent to injure any person or reckless disregard for the safety of others
• wounds or maims or disfigures or causes GBH
• to any person

Question 7

Aggravated wounding

Answer 7

With intent:
(a) commit or facilitate the commission of any imprisonable offence or
(b) to avoid detection of himself or any other person in the commission of any imprisonable offence or
(c) to avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- wounds of maims or disfigures or causes GBH or stupefies or renders unconscious any person or by any violent means renders any person incapable of resistance

Question 8

Define intent

Answer 8

A deliberate act (or omission) to obtain/produce/get a specific result.

Not defined in CA1961

Question 9

R v Taisalika

Answer 9

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

Question 10

R v Donovan (McArthur)

Answer 10

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

Question 11

R v Rapana & Murray

Answer 11

Disfigures covers not only permanent damage but also temporary damage

Question 12

R v Waters

Answer 12

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

Question 13

DPP v Smith

Answer 13

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

Question 14

R v Tipple

Answer 14

Reckless requires that the offender know of, or have a conscious appreciation of the relevant risk and it may be said that it requires “a deliberate decision to run the risk”

Question 15

Cameron v R

Answer 15

Reckless is established if

(a) defendant recognised that there was a real possibility that
(i) his or her actions would bring about a proscribed result
(ii) that the proscribed circumstances existed AND

(b) having regard to that risk those actions were unreasonable

Question 16

R v Wati

Answer 16

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate

Question 17

R v Crossan

Answer 17

Incapable of resistance includes a powerlessness of the will as well as physical incapability

Question 18

Explain doctorate of transferred malice

Answer 18

It is not necessary that the person suffering the harm was the intended victim. Mistaken identity or harm intended for one person is accidentally inflicted on another, he is still criminally liable.

Question 19

Explain maims and disfigures

Answer 19

Maim - deprive another of the use of such members as may render him less able. Practically involves mutilation, crippling or disabling to deprive victim of use of that limb or senses. Generally needs to be a degree of permanence

Disfigures - to deform or deface. Mad or alter the figure or appearance of a person. As per R v Rapana and Murray, does not need to be permanent.

Question 20

What is stupifies

Answer 20

To induce a state of stuper, make stupid, groggy or insensible, dull senses etc

Can be by variety of means.

R v Sturm relates to it seriously affecting persons mental or physical ability to stop the intended crime.

Question 21

Explain by any violent means…

Answer 21

Application of force that physically incapacitates a person. May include threats of violence dependant on circumstances (surrounding actions, weapons etc). Related to R v Crossan where threats were used with a gun. Seemed as plausible as actually physical incapacitation