Serious Assaults

Question 1

Reckless disregard

Answer 1

Consciously and deliberately taking an unjustified risk

Cameron v R

Question 2

Cameron v R

Answer 2

Recklessness is established when the offender recognised there was a real possibility that his actions would bring the result and the circumstances exist and having regard to that risk those actions were unreasonable.

Question 3

Intent

Answer 3

With intent to commit a specific act with the intent to produce a specific result

Question 4

R v Taisalika

Answer 4

The nature of the blow and the gash produced points strongly to the presence of necessary intent.

Question 5

DPP v Smith

Answer 5

Bodily harm needs no explanation. Grievous means no more and no less than really serious harm.

Question 6

R v Waters

Answer 6

Breaking of the skin evident by the flow of blood either external or internal.

Question 7

R v Rapana and Murray

Answer 7

Disfigure covers not only permanent damage but also temporary damage 

Question 8

Maims

Answer 8

Depriving another of the use of his members to render himself less able to fight or defend himself

Question 9

Disfigure

Answer 9

Deformed, deface, mar or alter the appearance of a person. Need not be permanent.

Question 10

R v Donovan

Answer 10

Any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but more than merely transitory or trifling.

Question 11

R v Tipple

Answer 11

Recklessness requires the offender no of or have appreciation of the risk but makes a deliberate decision to run that risk

Question 12

Section 189(1)

Answer 12

Injuring with intent
10 years imprisonment

1. With intent
2. To cause GBH
3. To anyone
4. Injures
5. Anyone

Question 13

Section 189(2)

Answer 13

Injuring with intent
5 years imprisonment

1. With intent to injure anyone OR with reckless disregard for the safety of others.
2. Injures
3. Any person

Question 14

Section 188(1)

Answer 14

Wounding with intent
14 years imprisonment

1. With intent
2. To cause GBH
3. To anyone
4. Wounds OR disfigures OR maims OR causes GBH
5. To any person

Question 15

Section 188(2)

Answer 15

Wounding with intent
7 years imprisonment

1. With intent to injure anyone OR reckless disregard for the safety of others
2. Wounds OR maims OR disfigures OR causes GBH
3. To any person

Question 16

Section 191(1)(a)

Answer 16

Aggravated wounding (intent = commit)
14 year imprisonment

1. With intent
2. To commit or facilitate the commission of an imprisonable offence
3. Wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious OR incapable of resistance
4. To any person

Question 17

Section 191(1)(b)

Answer 17

Aggravated wounding (intent=avoid detection)
14 years imprisonment

1. With intent
2. To avoid detection in the commission of an imprisonable offence
3. Wounds OR maims OR disfigures OR causes GBH OR render unconscious OR incapable of resistance
4. To any person

Question 18

Section 191(1)(c)

Answer 18

Aggravated wounding (intent=avoid arrest)
14 years imprisonment

1. With intent
2. To avoid arrest or facilitate escape upon the commission of an imprisonable offence
3. Wounds OR maims OR disfigures OR causes GBH OR render unconscious OR incapable of resistance
4. To any person

Question 19

R v Tihi

Answer 19

Section 191 (1)(a-c)

Intended to facilitate the commission of an imprisonable offence

Offender meant to cause the specified harm or foresaw his actions were likely to expose others to the risk

Question 20

Examples of circumstantial evidence

Answer 20

Prior threats
Pre-meditation
Weapons
Number of blows
Degree of force
Number of co offenders

Question 21

R v Wati

Answer 21

Section 191(1)(c)

Must be proof of a commission or attempted commission of a crime by the person committing the assault or by the person whose arrest or flight he intended to avoid or facilitate.

Question 22

R v Crossan (incapable of resistance)

Answer 22

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

Question 23

Aggravated injury

Answer 23

Section 191(2)(a-c)
7 years imprisonment

Same intent as outlined in section 191(1)
- to commit imprisonable offence
- avoid detection
- avoid K9 or facilitate flight of another

Outcome to the victim is injury.

Question 24

Section 192(1)(a)

Answer 24

Aggravated assault (intent=to do)
3 years imprisonment

1. Assaults
2. Any person
3. With intent
4. To commit or facilitate commission of an imprisonable offence

Question 25

Elements of assault

Answer 25

• Intention to apply or attempt to apply force to another
• Application or attempted application of force whether directly or indirectly
• threaten to apply force and circumstances with a victim believes their offender will carry out the threat

Question 26

R v Sturm (agg wounding)

Answer 26

Section 191(1)(a)

Not necessary for the prosecution to prove the intended crime was actually committed

Question 27

Stupifies

Answer 27

To induce a state of stupor, to make stupid, groggy or insensible

Question 28

R v Collister

Answer 28

Circumstantial evidence

• Nature of the act
• Offender’s words and actions before, during, after the act
• surrounding circumstances

Question 29

R v Hunt

Answer 29

Wounding, maiming or disfiguration need not be grievous, if in causing that harm the defendant had the intent to cause really serious harm

Question 30

R v Harney

Answer 30

Subjective - could well happen. Defender need not consider the significant.

Objective – whether a reasonable or prudent person will take the risk

Social utility e.g Russian roulette

Question 31

Owen v residential health management unit

Answer 31

Also r v Donaldson

Bodily may include psychiatric injury

Does not include emotions

Clinical conditions only

Question 32

Section 192(2)

Answer 32

Aggravated assault

1. Assaults.
2. Any constable or person acting an aid of a constable
3. With intent to obstruct the person.
4. Assaulted them and execution of the duty.