Serious Assaults/Firearms questions

Question 1

Circumstantial evidence from which an offender intent can be identified

Answer 1

1. The offender’s actions and words before, during and after the event.
2. The surrounding circumstances
3. The nature of the act itself.

Question 2

Wounding vs GBH

Answer 2

The terms wounds, maims and disfigures refer to the type of injury caused, whereas the term “grievous” refers to the degree or seriousness of the injury.

Question 3

The doctrine of Transferred Malice

Answer 3

It is not necessary that the person suffering the harm was intended Victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice, despite the wrong target being struck.

Question 4

Aggravated wounding - what is the two fold intent required?

Answer 4

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

Question 5

What was held in R v Crossan regarding incapable of resistance?

Answer 5

In R v Crossan defendant, intending to rape the victim, presented a loaded revolver at her and threatened to shoot her unless she submitted to sexual intercourse.

It was held that a mere threat may not in itself be sufficient to constitute “violent means”, but when the person making the threat is brandishing a loaded revolver in circumstances that cause the victim to submit to his will in the belief that he will carry out his threat unless she does so, it can be said that she was rendered incapable of resistance by violent means just as effectually as if she were physically incapable.

Question 6

Mens rea and Actus reus for Discharging Firearm or Doing Dangerous Act with Intent

Answer 6

Section 198 creates a variety of offences, with three optional forms of intent:

1. Intent to do grievous bodily harm
2. Intent to injure
3. Reckless disregard for the safety of others

The actus reus element involves three optional acts:

1. Discharging a firearm at a person
2. Delivering explosives
3. Setting fire to property.

Question 7

Military style semi-automatic firearm definition

Answer 7

Sec 2, Arms Act 1983:
A firearm (other than a pistol) that is a semi-automatic firearm having 1 or more of the following features:

1. A folding or telescopic butt
2. A magazine designed to hold 0.22-inch rimfire cartridges that is capable of holding more than 15 cartridges;
3. A magazine (other than one designed to hold 0.22-inch rimfire cartridges) that is capable of holding more than 7 cartridges; or is detachable, and by its appearance indicates that it is capable of holding more than 10 cartridges
4. Bayonet lugs:
5. A flash suppressor:
6. A pistol grip

Question 8

Pistol definition

Answer 8

Sec 2, Arms Act 1983:
Pistol means any firearm that is designed or adapted to be held and fired with one hand; and includes any firearm that is less than 762 millimetres in length.

Question 9

Restricted weapon definition

Answer 9

Restricted weapon means any weapon, whether a firearm or not, declared by the Governor-General, by Order in Council made under section 4 of this Act, to be a restricted weapon.

Question 10

Types of Restricted weapon

Answer 10

Anti-tank projectors, grenades and grenade launchers, Molotov cocktails, Mines, Mortars of military kind, Machine carbines or guns, submachine carbines or guns and machine pistols, of any kind whatsoever, including those operated by gas or compressed air, Rocket launchers

Question 11

R v Pekepo

Answer 11

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Question 12

R v Swain

Answer 12

To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of s 198A Crimes Act 1961.

Question 13

Fisher v R

Answer 13

It is necessary in order to establish a charge under section 198A(2) for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.

Question 14

Proving intent in serious assaults case

Answer 14

Proving an offender’s intent may include:

1. Prior threats
2. Evidence of premeditation
3. The use of a weapon
4. Whether any weapon used was opportunistic or purposely brought
5. The number of blows
6. The degree of force used
7. The body parts targeted by the offender (eg the head)
8. The degree of resistance or helplessness of the victim (eg unconscious)