Serious Assaults

Question 1

What is this section?

With intent to injure any person OR with reckless disregard for the safety of others

Wounds or maims or disfigures or causes GBH

To any person

Answer 1

Wounding with intent s188 (2)

Question 2

What is this section?

With intent to cause GBH

To any person

Wounds OR maims OR disfigures OR causes GBH

To any person

Answer 2

Wounding with intent s188 (1)

Question 3

What is this section?

With intent to cause GBH

To any person

Injures

Any person

Answer 3

Injuring with intent s. 189 (1)

Question 4

What is this section?

With intent to injure any person OR with reckless disregard for the safety of others

Injures

Any person

Answer 4

S.189 (2)

Question 5

What is this section?

With intent
a) to commit or facilitate the commission of any imprisonable offence, or

b) to avoid the detection of himself or any other person in the commission of any imprisonable offence, or
c) to avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Wounds or maims or disfigures or causes GBH to any person or stupefies or renders unconscious any person or by any violent means renders any person incapable of resistance

Any person

Answer 5

s. 191 (1)

Question 6

What is this section?

With intent

To commit or facilitate the commission of any imprisonable offence

Wounds (maims,disfigures,causes GBH,stupefies, renders unconscious, by any violent means renders any person incapable of resistance

Any person

Any person

Answer 6

s 191 (1) (a)

Question 7

What is this section?

With intent

To avoid the detection of himself or of any other person in the commission of an imprisonable offence

Maims

Any person

Answer 7

S 191 (1) (b)

Question 8

What is this section?

With intent

To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence

Causes GBH

To any person

Answer 8

s. 191 (1) (c) CA1961

Question 9

“The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent”

Which case law does this statement refer to?

Answer 9

R. v TAISALIKA

Taisalicker nature gash

Question 10

Which case law is this?

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

Answer 10

R v TIHI

s.191 (1
A-C Tee Hee)

Question 11

Which case law is this?

“To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime”

Answer 11

R v STURM

With regard to s 191 (1) CA1961

Agg wounding

Question 12

R v Taisalika (intent- series assaults)

Answer 12

The nature of the blow and the gash which it produced points strongly to the presence of the necessary intent.

Question 13

R v Collister (intent-general)

Answer 13

Circumstantial evidence from which an offenders intent may be inferred can include-
>the offenders actions and words before,during and after the event
>the surrounding circumstances
>the nature of the act itself

Question 14

A wound is the breaking of the skin evidenced by the flow of blood. May be external or internal.

Which case law is this?

Answer 14

R v WATERS (Wound)

Water and Wounds Flow

Question 15

INJURES-

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 be more than transitory and trifling.

What case law is this?

Answer 15

R v MACARTHUR

(General Bodily Harm- General MacArthur

Question 16

RECKLESSNESS

Recklessness means the conscious and deliberate taking of an unjustified risk. It involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

What is this case law?

Answer 16

R. v HARNEY

Reckless- HARNEY on the Harley

Question 17

R v TIHI - Aggravated wounding

Answer 17

In addition to one of the specific intents outlined in paragraphs (a) - (c) (going to, doing, done)*
It must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it

Question 18

STUPEFY-

To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.

which case law is this?

Answer 18

R v STURM

Sturmify

Question 19

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

Conscious appreciation of risk- Deliberate decision to run risk anyway.

Answer 19

R v TIPPLE

Question 20

R v RAPANA and MURRAY

Answer 20

Disfigurement covers not only permanent da,age but also temporary damage.

(Tattooing on face with red ink that disappeared before trial)

Question 21

With intent to commit or facilitate the commission of any imprisonable offence

R v TIHI - proving an offence against section 191 (1)

Two old test for intent

Answer 21

1) The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in (a), (b) or (c).
2) he intended to cause to specific harm or was reckless as to that risk.