Serious Assaults - Case Law

Question 1

R v Collister

Question 2

R v Taisilika

Answer 2

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

Question 3

Cameron v R

Answer 3

Recklessness is established if:

a) the defendant recognised that there was a real possibility that:

i) his or her actions would bring about the proscribed result, and/or
ii) that the proscribed circumstances existed

b) having regard to that risk those actions were unreasonable

Question 4

R v Tipple

Answer 4

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”.

Question 5

R v McArthur

Answer 5

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It needs to be not be permanent but must be more than transitory or trifling.

Question 6

DDP v Smith

Answer 6

“Bodily Harm” needs no explanation and “Grievous” means no more and no less than “really serious”.

Question 7

R v Waters

Answer 7

A wound is a breaking of the skin, evidenced by the flow of blood internally or externally.

Question 8

R v Rapana and Murray

Answer 8

Disfigures covers not only permanent damage but temporary damage.

Question 9

R v Donovan

Answer 9

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It needs to be not be permanent but must not be doubt be more than merely transitory and trifling.