Serious Assaults - Case Laws

Question 1

R v Taisalika

Answer 1

The nature of the blow and the gash produced points strongly to necessary intent

Question 2

DPP vs Smith

Answer 2

Bodily harm needs no explanation and grevious means no more and no less then really serious

Question 3

R v Waters

Answer 3

Breakage of skin, flow of blood. Maybe internal or external.

Question 4

R v Rapana and Murray

Answer 4

Deform, deface figure or appearance. Covers both permanent and also temporary damage

Question 5

Cameron v R

Answer 5

Reckless,
if he or she recognised the possibility that his or her actions would bring about the result,

and or that the circumstances existed,

and regarding that risk, those actions were unreasonable 

Question 6

R v Donovan

Answer 6

Actual bodily harm.
Hurts or injure interfering with the health or comfort of the victim.
Not permanent more than trifling or transitory.

Question 7

R v Tihi

Answer 7

Two fold test for intent.

Must prove intent to (a) (b) (c) and

intended to cause the specified harm, or was reckless as to that risk.

Question 8

R v Wati

Answer 8

Proof of the commission or attempted commission of the crime,
either by the person committing the assault or
by the person whose arrest or fight, he attends to avoid or facilitate

Question 9

R v Pekepo

Answer 9

Reckless discharge of a F/A in general direction of a passer-by who get hit isn’t sufficient proof.

An attention to shoot, that person must be established.


Question 10

R v Swain

Answer 10

To deliberately or purposely remove a swan off shotgun from a bag after being confronted by or quarter pond why are police constable amounts to use of the firearm within the meaning of S198A CA61

Question 11

Fisher v R

Answer 11

Crown to prove that the accused knew someone was attempting to arrest or detain him,

because otherwise the element of men’s rear of intending to resist lawful arrest or detention cannot be established.