Serious Assaults

Question 1

What is the Doctrine of transferred malice?

Answer 1

The injured person need not be the intended person to be harmed. The offender is still liable under the doctrine of transferred malice

Question 2

Define intent

R v Taisalika

R v Collister

Answer 2

Intention to do or omit an act and an intent to gain a specific result

The nature of the blow and gash which it produced would point strongly of the necessary intent

Defendants intent can be inferred from the circumstances

Question 3

Define wound

R v Waters

Answer 3

The breaking of the skin and the flow of the blood is a wound. Could be internal or external

Question 4

Define disfigures

R v Rapana and Murray

Answer 4

Deform or deface

Disfigure not only covers permanent damage but also temporary damage

Question 5

Define recklessness

R v Harney

Answer 5

Consciously and deliberately taking an unjustified risk

Question 6

What are the 3 intents of S191?

Answer 6

(a) : To commit or facilitate the commission of any imprisonable offence
(b) : To avoid detection of any person in the commission of any imprisonable offence
(c) : To avoid arrest or facilitate the flight of any person upon the commission or the attempted commission of any imprisonable offence

Question 7

Give some examples of corroborative evidence to help prove intent?

Answer 7

Words or actions of the offender prior, during and after the event

The nature of the incident itself

Injures sustained

CCTV, statements etc.

Question 8

Define GBH?

DPP v Smith

Answer 8

Really serious harm

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

Question 9

What is the difference between wounds and GBH?

Answer 9

Wounds/maims/disfigures are types of harm ie. one stab wound

GBH is the degree/seriousness of the harm ie. twenty stab wounds

Question 10

Define maim?

Answer 10

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

Some degree or permanence

Question 11

Define actual bodily harm

R v Donovan

Answer 11

Internal or external and need not be permanent or dangerous.

More than merely transitory and trifling

Question 12

What is two fold intent test for S191?

R v Tihi

Answer 12

The defendant intended (a) (b) or (c)

And intended to cause the specified harm or was reckless to that risk

Question 13

Define facilitate flight

R v Wati

Answer 13

An imprisonable offence must have been committed or attempted before a person can be convicted of it

Question 14

Define stupefy

R v Sturm

Answer 14

To induce a state of stupor, to make stupid, groggy or insensible, or to dull the senses or faculties

Cause an effect on the mind or nervous system which really seriously interferes with a persons mental or physical ability that might hinder an intended crime

Question 15

Define violent means

R v Crossan

Answer 15

Application of force that physically incapacitates a person.

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

Question 16

Define renders unconscious

Answer 16

To render a person unconscious the offenders actions must cause the victim to lose consciousness. Not limited to how it is achieved.

Question 17

Facilitate the commission of any imprisonable offence

R v Sturm

Answer 17

Under S191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed

Question 18

Liability

Aggravated Wounding

Answer 18

S191(1)(a,b,c) CA1961

(a) With intent to commit or facilitate the commission of any imprisonable offence OR
(b) With intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence OR
(c) With intent to avoid arrest or facilitate the flight of himself or of any other person upon the commission of any imprisonable offence

Wounds, maims, disfigures or causes GBH any person OR
Stupefies any person OR
Renders unconscious any person OR
By any violent means renders any person incapable of resistance