SERIOUS ASSAULTS

Question 1

Criminal liability
Wounding with intent to cause GBH
Section 188 (1), crimes act 1961
14 years

Answer 1

1. With intent to cause grievous body harm
2. To anyone
3. Wounds or Maims or disfigures or causes GBH
4. any person

Question 2

Criminal liability
Wounding with intent
Section 188 (2)
7 years

Answer 2

1.with intent to injure anyone
Or with reckless disregard for the safety of others
2.wounds or maims or disfigures or causes GBH
3.to any person

Question 3

Criminal liability
Injuring with intent
Section 189 (1) 10 years

Answer 3

1. with intent to cause grievous body harm
2. to anyone
3. injures
4. any person

Question 4

Criminal liability
Injuring with intent
Section 189 (2)
Five years

Answer 4

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

Question 5

Criminal liability
Aggravated wounding
Section 191 (1) (a) or (B) or (C)
14 years

Answer 5

1.with intent to commit or facilitate the commission of any imprisonable offence or
Avoid detection of himself or any other person in the commission of an imprisonable offence or
To avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
2.wounds or maims or disfigures or causes GBH or stupefies or renders unconscious or by any violent means render so the person incapable of resistance
3.any person

Question 6

Criminal liability
Aggravated injuring
Section 191 (2)
7 years

Answer 6

1.with intent to commit or facilitate the commission of any imprisonable offence or
Avoid detection of himself or any other person in the commission of an imprisonable offence or
To avoid arrest or facilitate flight of him self or any other person upon the commission or attempted commission of any imprisonable offence
2.injures
3.any person

Question 7

Define intent

Answer 7

Mean to do it they desire a specific result and act with the aim or purpose of achieving

Question 8

R v Mohan

Answer 8

A decision to bring about, in so far as it lies with in the accused power, the commission of the offence

Question 9

R v Waaka

Answer 9

A f or p t is n s, there m b a f I or a f p t e the a.

Question 10

R v Taisalika

Answer 10

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 11

Define GBH

Answer 11

H t I r s

Question 12

DPP V SMITH

Answer 12

B harm n n ex and g m n m and n l t r s.

Question 13

Define to anyone

Answer 13

G n. P b j n or c.

Question 14

Define wound

Answer 14

The breaking of the skin would be commonly regarded as the characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, and it’s occurrence at the site of a blow or impact, the wound will more often than not be external. But there are cases where the bleeding which evidences the separation of tissues may be internal.
R v Waters

Question 15

Define maims

Answer 15

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

Question 16

Define disfigures

Answer 16

To disfigure means to deform or to deface, to mar or altar the figure or appearance of a person

Question 17

R v Rapana and Murray

Disfigures case law

Answer 17

The word disfigures covers not only permanent damage but also temporary damage

Question 18

R v Donovan

Bodily harm case law

Answer 18

B h 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 and trifling.

Question 19

Define reckless disregard

Answer 19

A r I c and d t an u r.

Question 20

Define recklessness

R v Harney

Answer 20

R I f of d c that c w h, t with an I to c the c of c r of the r.

Question 21

R v Tihi

Answer 21

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 others to risk of suffering it.

Question 22

To facilitate the commission

Answer 22

To make possible or to make it easy or easier.

Question 23

R v Sturm

Answer 23

Under section 191 (1) (A) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

Question 24

Define

Avoid detection

Answer 24

Offences under section 191 (1) (B) arise during the commission of an imprisonable offence where the offender causes the specified Harm to prevent him self or another person from being caught in the act.

Question 25

Define

To facilitate flight

Answer 25

To make possible or to make easy or easier. The specified harm is caused to enable the offenders to more easily effect there Escape or to prevent their capture after the commission or attempted commission of imprisonable offence.

Question 26

Define what is an imprisonable offence

Section 5 criminal procedure act 2011

Answer 26

A imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.

Question 27

R v Wati

Intent and offence proven

Answer 27

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 28

Define stupefies

Answer 28

To stupefy means to cause any 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

Question 29

Define renders in conscious

Answer 29

To render a person unConscious, the offenders actions must cause the victim to lose consciousness

Question 30

R v Crossman

Define incapable of resistance

Answer 30

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