Serious Assaults

Question 1

Name the elements and section/act to Wounding with intent (1)

Answer 1

Section 188(1)
Crimes Act 1961
- With intent to cause GBH
- To any person
- Wounds, or disfigure, or maims, or causes gbh
- To any person

Question 2

Name the elements and section/act to Wounding with intent (2)

Answer 2

Section 188(2)
Crimes Act 1961
- With intent to injure OR with reckless disregard for the safety of others
- To any person
- Wounds, or disgures, or mains, or causes GBH
- To any Person

Question 3

Elements, act and section of injuring with intent (1)

Answer 3

Section 189(1)
Crimes Act 1961
- With intent to cause gbh
- To any person
- injures
- any person

Question 4

Elements, act and section to injuring with intent (2)

Answer 4

Section 189(2)
Crimes Act 1961
- With intent to injure any person OR reckless disregard to the safety of others
- Injures
- any person

Question 5

Define injure

Answer 5

Means to cause actual bodily harm

Question 6

Explain R v MCARTHUR

Answer 6

Bodily harm includes hurt or injury calculated to interfere with the health or comfort of the victim. Need to be permanent but must be more than transitory and trifling.

Question 7

Explain R v TAISALIKA

Answer 7

The nature of the blow and the gash caused strong point to the presence of the necessary intent

Question 8

What does R v COLLISTER involve?

Answer 8

Circumstantial evidence that can infer an offenders intent

Question 9

What are the three components to R v COLLISTER

Answer 9

• Words said by the offender before, during and after the event
• surrounding circumstances
• the nature of the act itself

Question 10

Define recklessness and the relevant case law

Answer 10

CAMERON v R

Recognising that there was a real probability that their actions would bring a proscribed result, and/or the proscribed circumstances existed, and having regard to that risk those actions were unreasonable

Question 11

What must be proved for an offence to be deemed as reckless?

Answer 11

1) that the offender consciously and deliberately ran a risk (subjective)

2) the risk was unreasonable to take in the known circumstances - would a reasonable person have taken the risk (objective)

Question 12

Explain R v TIPPLE

(tipple - > triple - > trip on a run)

Answer 12

Recklessness requires the offender knowing or having conscious appreciation of the relevant risk, and requires a deliberate decision to run the risk

Question 13

Define disfigures

Answer 13

To deform or deface, or alter the appearance of a person

Question 14

Explain R v RAPANA and MURRAY

(two people - > into two things)

Answer 14

Disfigure covers not only permanent damage but also temporary damage

Question 15

Define greboous bodily harm

Answer 15

Harm that is really serious

Question 16

Explain DPP v SMITH

Answer 16

Bodily harm need to explanation and grevious means no more than and no less than really serious

Question 17

Define bodily harm and relevant case law

Answer 17

It’s the injury or harm calculated to interfere with the health or comfort or any person. It need not be permanent, but must be more than transitory or trifling.

R v MCARTHER

Question 18

Explain R v WATI

Answer 18

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 facilitate.

Question 19

Explain R v TIHI

Answer 19

Alongside 191(1)(a) - (c), must show the offender meant to cause the specific harm or knew that his actions would likely expose others to harm

Question 20

Define stupifies

Answer 20

Induce state or stupor, make stupid, or groggy or insensible

Question 21

Explain R v STURM (2017)

Answer 21

Stupify means to cause an effect on the mind or nervous system of a person, interfering with their mental or physical ability to act in a way which may hinder an intended crime

Question 22

Explain violent means

Answer 22

It’s not limited to physical violence, but can also be threats of violence depending on the circumstances

Question 23

Explain R v CROSSAN

Answer 23

Incapable of resistance includes powerlessness of the will as well as physical incapacity

For example - holding a gun to a woman’s head while attempting to rape her