Serious Assaults

Question 1

Wounding With Intent To Cause GBH

Answer 1

S188(1) CA 1961

With intent to cause GBH
To any person
Wounds OR Maims OR Disfigures OR cause GBH
To any person

Question 2

Wounding with Intent to Injure

Answer 2

188(2) CA 1961

With intent to injure OR with reckless disregard for the safety of others
Wounds OR maims OR disfigures OR causes GBH
To any person

Question 3

Injuring With Intent to Cause GBH

Answer 3

S189(1) CA 1961

With intent to cause GBH
To any person
Injures
Any person

Question 4

Injuring With Intent to Injure

Answer 4

189(2) CA 1961

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

Question 5

Aggravated Wounding

Answer 5

S191(1) CA 1961
With Intent
(a) To commit OR facilitate the commission of an impressionable offence OR
(b) To avoid detection of himself or of any person in the commission of any imprisonable offence OR
(c) To avoid 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

What is intent

Answer 6

Intention to commit a deliberate act to get a specific result

Question 7

R V Collister

Answer 7

Circumstantial Evidence to prove intent:
The offenders actions or words before, during and after.
The surrounding circumstances
The nature of the act itself.

Question 8

R V Taisalika

Answer 8

The nature of blow and gash point towards the presence of the necessary intent.

Question 9

Cameron V R

Answer 9

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that.
(i) his or her actions would bring about thee proscribed result.
(ii) that the proscribed circumstances existed, and
(b) having regard to that risk those actions were unreasonable.

Question 10

R v Tipple

Answer 10

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk but runs it anyway.

(Knows the risk but takes it anyway)

Question 11

DPP v Smith

Answer 11

Grevious means no more and no less than ‘really serious’

Question 12

R v Waters

Answer 12

A wound is thee breaking of the skin evidence by the flow of blood. May be internal or external.

Question 13

Disfigures

Answer 13

Means to deform or deface, to alter the figure or appearance of a person.

Question 14

R v Rapana and Murray

Answer 14

Disfigure covers not only permanent damage but also temporary damage.

Question 15

Injury

Answer 15

As per S2(1) Ca 1961 means to cause actual bodily harm.

Question 16

R v Donovan

Answer 16

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

Question 17

R v Tihi

Answer 17

Two fold test for intent in regards to 191 CA 1961.
1. The defendant intented to facilitate the commission of an imprisonable offence (or one of the other intents specified in a, b or c.
2. He intended to cause the specified harm or was reckless to that risk.

Question 18

R v Sturm

Answer 18

Relates to 191(1)(a).
It is not necessary for the prosecution to prove the intended crime was committed.

Question 19

R v Wati

Answer 19

Relates to 191(1)(c)
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 20

Stupefies

Answer 20

R v Strurm

Means to induce a state of stupor, to make stupid, groggy or insensible, to dull the senses or faculties.

Question 21

R v Crossan

Answer 21

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