Serious Assaults

Question 1

S188(1), Crimes Act 1961

Answer 1

Wounding with intent

•With intent to cause GBH
•To any person
•Wounds OR maims OR disfigures OR causes GBH
•To any person

Question 2

S188(2), Crimes Act 1961

Answer 2

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 3

S189(2), Crimes Act 1961

Answer 3

Injures with intent

• With intent to injure anyone OR with reckless disregard for the safety of others
• Injures
• any person

Question 4

S189(1), Crimes Act 1961

Answer 4

Injures with intent

• With intent to cause GBH
• to any person
• Injures
• any person

Question 5

S191(1), Crimes Act 1961

Answer 5

Aggravated Wounding

• With Intent
  (a) To commit OR facilitate the commission of any imprisonable offence; OR
  (b) To avoid detection of himself OR of any 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 GBH to any person OR Stupefies OR renders unconscious any person OR by any violent means renders any person incapable of resistance.

Question 6

DEFINITION: INTENT

Answer 6

There must be an intention:
- to commit the act, AND
- to get a specific result.

Question 7

CASE LAW: INTENT

Answer 7

R v Collister
R v Taisalika

Question 8

CASE LAW: RECKLESSNESS

Answer 8

Cameron v R
R v Tipple

Question 9

INTENT: R v Taisalika

Answer 9

“The nature of the blow AND the gash which is produced point strongly to the presence of the necessary intent”

Question 10

INTENT: R v Collister

Answer 10

Circumstantial evidence from which an offenders’ intent may be inferred can include:
- the offenders action’s and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself

Question 11

RECKLESSNESS: Cameron v R

Answer 11

Recklessness is established if:

(a) The Defendant recognized that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and

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

Question 12

RECKLESSNESS: R v Tipple

Answer 12

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 that risk”.

Question 13

CASE LAW: BODILY HARM

Answer 13

R v McArthur
R v Donovan

Question 14

BODILY HARM: R v McArthur

Answer 14

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

Question 15

WOUND: R v Water

Answer 15

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

Question 16

CASE LAW: GBH (Grievous Bodily Harm)

Answer 16

DPP v Smith
R v MWAI

Question 17

GBH: DPP v SMITH

Answer 17

‘Bodily Harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.

Question 18

DEFINE: PERSON

Answer 18

Gender neutral. Proved by CE / JN.

Question 19

CASE LAW: WOUNDS

Answer 19

R v Waters

Question 20

CASE LAW: DISFIGURES

Answer 20

R v Rapana and Murray

Question 21

DISFIGURES: R v Rapana and Murray

Answer 21

Disfigures covers not only permanent damage but also temporary damage.

Question 22

DEFINE: MAIMS

Answer 22

Mutilating, Crippling or Disabling a part of the body so as to deprive the Victim of the user of a limb or of one of the senses.

Question 23

DEFINE: DISFIGURES

Answer 23

To ‘disfigure’ means “to deform or deface; to mar or alter the figure or appearance of a person”.

Question 24

DEFINE: INJURY

Answer 24

To injure means to cause actual bodily harm.

Question 25

CASE LAW: R v Tihi
(Aggravated Wounding)
- With intent to commit OR facilitate the commission of any imprisonable offence.

Answer 25

Must satisfy ‘two fold’ test for intent:

1. The Defendant intended to facilitate the commission of an imprisonable offence (OR one of the other intents specified in paragraphs (a), (b) or (c)), AND
2. He intended to cause the specified harm, OR was reckless as to that risk.

Question 26

CASE LAW: R v Wati
(Aggravated Wounding)
- With Intent to avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

Answer 26

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

Question 27

DEFINE: FACILITATE

Answer 27

To ‘facilitate’ means to make possible or make easy / easier.

Question 28

DEFINE: STUPEFIES

Answer 28

To ‘stupefy’ means to induce a state or stupor, to make stupid, groggy or insensible; to dull the senses or faculties.

Question 29

CASE LAW: STUPEFIES

Answer 29

R v Sturm

Question 30

STUPEFIES: R v Sturm

Answer 30

To ‘stupefy’ means to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in a way which might hinder an intended crime.

Question 31

DEFINE: RENDERS UNCONSCIOUS

Answer 31

To ‘render’ means to ‘cause to be’ or ‘cause to become’.

The offenders actions must cause the Victim to loose consciousness.

Question 32

CASE LAW: R v Crossan
(Aggravated Wounding)
- by any violent means renders any person incapable of resistance.

Answer 32

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

R v Crossan - the Defendant, intending to rape the Victim, presented a loaded revolver at her and threatened to shoot her unless she submitted to sexual intercourse.

Question 33

ADDITIONAL CIRCUMSTANTIAL EVIDENCE

Answer 33

• prior threats
• evidence of premeditation
• the use of a weapon
• whether any weapon used was opportunistic or purposely brought
• the number of blows
• the degree of force used
• the body parts targeted by the offender (e.g the head)
• the degree of resistance or helplessness of the Victim (e.g unconscious)