Serious Assaults

Question 1

Wounds with Intent to GBH, section/elements?

Answer 1

Section 188(1) CA1961

With intent to cause GBH
To Any person
Wounds
Any person

Question 2

Wounds with intent to Injure, Section/Elements?

Answer 2

Section 188(2) CA1961

With intent to injure any person
Wounds
Any person

Question 3

Injures with Intent to Wound, Section/elements?

Answer 3

Section 189(1) CA1961

With intent to cause GBH
To anyone
Injures
Any person

Question 4

Injuring intent to injure, Section/elements?

Answer 4

Section 189(2)CA1961

With intent to Injure any person
Injured
Any person

Question 5

Case law intent

Answer 5

R v Collister- intent is is inferred with words,actions before during and after the incident. The surrounding circumstances. The nature of the act itself.

R v Taisilika- the nature of the blow and gash which it produced, point strongly to the necessary intent.

Question 6

Injury defined

Answer 6

Section 2, CA1961- Actual bodily harm.

Question 7

Person defined

Answer 7

Gender neutral- proved by Judicical
Notice

Question 8

Case law Wound

Answer 8

R v Waters- the breaking of the skin evidenced by the flow of blood

Question 9

Aggravated wounding, Section/elements? A,b,c.

Answer 9

Section 191, CA1961
-intent to
A) commit or facilitate the commission of any imprisonable offence
B)avoid detection of himself or another person
C)avoid arrest of himself or another upon the commission of any offence

Wounds
Stupefies
Maims
Renders unconscious
Renders incapable of resistance

Question 10

Case law Aggravated Wounding

Answer 10

R V Tihi- offender meant to cause the specified harm.

R v Waiti- there must be proof of the commission of an offence

Question 11

GBH defined

Answer 11

DPP v Smith- bodily harm needs no explanation and grievous means no more and no less than really serious.

Question 12

Intent- elements

Answer 12

1)Intent to do a deliberate act
2) Intent to get a specific result