Serious assaults

Question 1

R v Taisalika

Answer 1

R v Taisalika
The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent.

Question 2

Define ‘wounds’

Answer 2

Wounds:
A breaking to the skin normally evidence by a flow of blood and will more often than not be external and may be internal.
R v Waters

Question 3

Define ‘Maims’

Answer 3

Will involve mutilating, crippling or disabling part of the body so Victim is deprived of the use of a limb or of one of the senses. There needs to be some degree of permanence.

Question 4

Define ‘disfigures’ and its case law

Answer 4

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

The word ‘disfigure’ covers not only permanent damage but also temporary damage.
R v Rapana and Murray

Question 5

Define ‘injure’ and its case law

Answer 5

Injure:
S2 CA61
means to cause actual bodily harm

‘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 no doubt, be more than merely transitory or trifling.
R v Donovan

Question 6

R v Donovan

Answer 6

‘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 no doubt, be more than merely transitory or trifling.
R v Donovan

Question 7

Define ‘reckless’ and its case law

Answer 7

With reckless disregard to the safety of others:
Acting reckless involves, consciously and deliberately taking an unjustifiable risk.

R v Harney
(Recklessness involves) forsight of dangerous consequences that could well happen, together with an intention to continue the course of conduct, regardless of the risk.

Question 8

Define ‘Tihi’

Answer 8

R v Tihi
In addition to one of the specific intents outlined in paragraphs (a)(b)(c) “it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose other to risk of suffering it”

Question 9

Define “Stupefies”

Answer 9

Stupifies
To “stupify” means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.
R v Strum

Question 10

R v Strum

Answer 10

To “stupify” means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.
R v Strum

Question 11

R v Waiti

Answer 11

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

Question 12

Define ‘ renders unconscious’

Answer 12

Renders unconscious

to render a person unconscious, the offenders actions must cause the victim to lose consciouness.

Question 13

Define ‘ Any violent means’ and its case law

Answer 13

Any violent means:
Includes the application of force that physically incapacitate a person.

R v Crossan
“incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.