SERIOUS ASSAULTS Liabilites

Question 1

AGGRAVATED WOUNDING

Answer 1

Section 191
-With intent (R V Collister) (R V Taisalika)

a) To commit OR facilitate the commission of any imprisonable offence

b) To avoid detection of himself OR of any other person in the commission of any imprisonable offence

c) To avoid arrest OR facilitate the flight of himself OR of any other person upon the commission of any imprisonable offence

• Wounds OR Maims OR disfigures OR causes grievous bodily harm OR
  Stupefies OR
  Renders unconscious OR
  by any violent means renders any person incapable of resistance
  -Any person
  -

Question 2

WOUNDING WITH INTENT 188(1)

Answer 2

Section 188(1) CA 1961 14yr

• With intent to cause grievous bodily harm
• To any person
• Wounds OR Maims OR disfigures OR causes grievous bodily harm
• To any person

Question 3

WOUNDING WITH INTENT 188(2)

Answer 3

Section 188(2) CA 1961 7yr

• With intent to injure any person OR with reckless disregard for the safety of others
• Wounds OR maims OR disfigures OR caused grievous bodily harm
• To any person

INTENT
Def- Must be an intention to commit the act and to get a specific result.
CL- R V Collister & R V Taisalika

INJURE
Def- To cause actual bodily harm
CL - R V McArthur

RECKLESSLY
Def - subjective and objective test, offender consciously and deliberately ran a risk and would a reasonable person have taken that risk.
CL - Cameron V R and R V Tipple

WOUNDS
R V Waters

Question 4

INJURING WITH INTENT 189(1)

Answer 4

10yr

• With intent to cause grievous bodily harm
• To any person
• Injures
• Any person

Question 5

INJURING WITH INTENT 189(2)

Answer 5

Section 189(2) 5yr

• With intent to injure any person OR
  With reckless disregard for the safety of others
• Injures
• Any person