Serious Assaults Case Law

Question 1

Which two case laws cover off intent, and what do they entail?

Answer 1

R v Collister, defendants intent could be inferred from the circumstances.

R v Taisalika, nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent

Question 2

What case law defines grevious bodily harm?

Answer 2

DPP v Smith, grevious means no more and no less than really serious

Question 3

Which case law defines wounds?

Answer 3

R v Waters, a breaking of the skin, normally evidenced by the flow of blood, externally or internally.

Question 4

Which case law defines disfigures?

Answer 4

R v Rapana and Murray, disfigure covers not only permanent damage but also temporary damage

Question 5

Which case law defines actual bodily harm (injure)?

Answer 5

R v Donovan, any hurt or injury calculated to interfere with the health or comfort or the victim. Doesn’t need to be permanent, but must be more than merely transitory and trifling.

Question 6

Case law for recklessness?

Answer 6

R v Harney, means the conscious and deliberate act of taking an unjustified risk. Continuing the course of conduct regardless of risk

Question 7

Case law related to aggravated wounding and intent

Answer 7

R v Tihi, in addition to (a), (b) or (c), it must be shown that the offender either meant to cause the specified harm, or foresaw his actions would likely expose others to the risk

Question 8

Case law in facilitating the commission of any imprisonable offence

Answer 8

R v Sturm, it is not necessary for the prosecution to prove the intended crime was subsequently committed

Question 9

Facilitating flight case law

Answer 9

R v Wati, must be proof of the commission or attempted commission of a crime. Can be either the person committing the assault or by the person who’s arrest or flight he intends to avoid or facilitate.

Question 10

Case law relating to stupifying

Answer 10

R v Sturm, means to cause an effect on the mind or nervous system of a person, which seriously interferes with that person’s mental or physical ability to act in a way that may hinder a crime.

Question 11

Incapable of resistance case law

Answer 11

R v Crossan, includes a powerlessness of the will as well as a physical incapacity