Serious Assaults

Question 1

What makes a serious assault

Answer 1

Intent
Result

Question 2

What determines outcome of a serious assault

Answer 2

Seriousness of the harm

Question 3

Intent

Answer 3

The intention to do a deliberate act and the intention to get a specific result

Question 4

Section 188 (1) CA 1961 and ingredients

Answer 4

Wounding with intent

• with intent to cause GBH
• to any person
• wounds OR mains OR disfigured OR caused GBH
• to any person

Question 5

Section 188 (2)

Answer 5

Wounding with intent

• 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 6

Section 189 (1) CA 1961

Answer 6

Injuring with intent

• with intent to cause GBH
• to any person
• injured
• any person

Question 7

Section 189 (2) CA 1961

Answer 7

Injuring with intent

• with intent to injure any person OR with reckless disregard for the safety of others
• injures
• any person

Question 8

Section 191 (1) (a) CA 1961

Answer 8

Aggravated wounding (gonna)

• with intent to commit or facilitate the commission of any imprisonable offence
• wounds OR maims OR disfigures OR causes GBH to any person OR stupefies OR renders unconscious any person OR by any violent means renders the person incapable of resistance

Question 9

Section 191 (1) (b)

Answer 9

Aggravated wounding (doing)

• with intent to avoid the detection 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 unconscious any person OR by any violent means renders the person incapable of resistance

Question 10

Section 191 (1) (c)

Answer 10

Aggravated wounding (done)

• with intent to avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted of any imprisonable offence
• wounds OR maims OR disfigures OR causes GBH to any person OR stupefies OR renders unconscious any person OR by any violent means renders the person incapable of resistance

Question 11

R v Taisalika

Answer 11

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

Use to prove intent

Question 12

Case law for proving intent

Answer 12

R v Taisalika
- nature of the blow and the gash it produced point strongly to the presence of the necessary intent

R v Collister
- offender’s actions and words before, during and after the event
- surrounding circumstances
- nature of the act

Question 13

R v Collister

Answer 13

Intent

• offender’s actions and words before, during and after the event
• surrounding circumstances
• nature of the act

Question 14

R v Rapana and Murray

Answer 14

Disfigure covers not only permanent damage but also temporary damage

Question 15

Disfigure

Answer 15

To reform or deface, to mar or alter the figure or appearance of a person

Question 16

Maims

Answer 16

Depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or annoy his adversary

Question 17

DPP v Smith

Answer 17

Harm that is really serious

Question 18

GBH

Answer 18

Harm that is really serious

DPP v Smith

Question 19

R v Waters

Answer 19

Wounds

A wound is breaking the skin evidenced by the flow of blood. External or internal

Question 20

R v Donovan

Answer 20

Bodily harm

Includes any hurt or injury calculated to interfere with the health or comfort of the victim

It need not permanent but most no doubt be more than merely transitory or trifling

Question 21

Bodily harm

Answer 21

R v Donovan

Includes any hurt or injury calculated to interfere with the health or comfort of the victim

It need not permanent but most no doubt be more than merely transitory or trifling

Question 22

Cameron v R

Answer 22

Recklessness is established if:

• defendant recognised that there would be a real possibility that
  A) his actions would bring about the proscribed result and/or
  B) that the proscribed circumstances existed and
• having regard to that risk those actions were unreasonable

Question 23

Recklessly

Answer 23

The conscious and deliberate taking of an unjustified risk

• a prudent person

Cameron v R

Question 24

R v Tipple

Answer 24

Recklessness 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 25

R v Tihi

Answer 25

Offender meant to cause the specified harm to facilitate (a-c)

AGGRAVATED WOUNDING

Question 26

R v Sturm

Answer 26

It is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

Aggravated wounding (b)

Question 27

R v Wati

Answer 27

Proof of 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 of facilitate.

AGGRAVATED WOUNDING (C)

Question 28

R v Crossan

Answer 28

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

AGGRAVATED WOUNDING

Question 29

Case law for aggravated wounding

Answer 29

R v Tihi (a,b,c)
R v Sturm (b)
R v Wati (c)

R v Crossan - incapable of resistance