SERIOUS ASSAULTS

Question 1

What are the ingrediants for wounding with intent to cause GBH? And what section of the crimes act is it?

Answer 1

Section 188 (1)
With intent to cause GBH
To anyone
Wounds OR
Maims OR
Disfigures OR
Causes GBH
To any person

Question 2

What circumstantial evidence can be used to show an offenders intent?

Answer 2

The offenders actions and words before during and after the event.
The surrounding circumstances
The offenders admissions.

Question 3

What case law relates to intent (after) and what does it state?

Answer 3

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 necesary intent.

Question 4

In relation to GBH what is the case law that relates and what does it state?

Answer 4

DPP v Smith

Bodily harm need no explanation and grievous means no more or no less than really serious.

Question 5

How does the case law R v Waters define wounding?

Answer 5

The breaking in the continuity of the skin and the flowing of blood, either externally or internally. The wound will more often than not be external however there are cases where the bleeding which evidences the separation of tissues may be internal.

Question 6

Define maims

Answer 6

Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses.

Question 7

Define disfigures

Answer 7

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

Question 8

What does the case law R v Rapana and Murray that relates to disfigures, state?

Answer 8

The word disfigure covers not only permanent damage but also temporary damage.

Question 9

What is the doctrine of transferred malice?

Answer 9

It is not necessasry that the person suffering the harm was the intended victim. Occurs when the identity of the person injured was mistaken or when the harm intended for one person is accidentally inflicted on another. In either case the offender is still liable for the wrong target that was struck.

Question 10

With regards to intent what does Simster and Brookbanks state?

Answer 10

Firstly there must be an intent to commit the act and,

Secondly an intention to get a specific result.

Question 11

What does R v Donovan state?

Answer 11

“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 and trifling.

Question 12

What does R v Harney state?

Answer 12

Recklessness means the conscious and deliberate taking of an unjustifiable risk knowing the consequences could lead to the risk occurring but continue the conduct regardless of risk.

Question 13

What does R v Tihi state?

Answer 13

In addition to one of the specific intents for aggravated offences (a)(b)(c) it must be shown that the offender intended to cause specific harm or foresaw that the actions he took were likely to expose others to the risk of being harmed.

Question 14

What does R v Sturm state?

Answer 14

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

Question 15

What does R v Crossan state in relation to aggravated wounding?

Answer 15

Being incapable of resistance includes a powerlessness of the will as well as a physical incapacity.

Question 16

What does R V Wati state?

Answer 16

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