Serious Assaults - Case Law 2

Question 1

R v Tihi

Answer 1

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.

Question 2

R v Sturm

Answer 2

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

Question 3

R v Wati

Answer 3

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 4

R v Sturm

Answer 4

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

Question 5

R v Crossan

Answer 5

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