Serious Assualts

Question 1

Section 188(1)

Answer 1

Wounding with intent to cause GBH

• with intent to cause GBH
• to anyone
• wounds, maims, disfigures or causes GBH
• to any person

Question 2

Section 188(2)

Answer 2

Wounding with intent to injure

• With intent to injure
• anyone
• or with reckless disregard for the safety of others
• wounds, maims, disfigures or causes GBH
• to any person

Question 3

What are 2 types of intent

Answer 3

Deliberate act - act or omission must be more than involuntary or accidental

Intent to produce a result - aim or purpose

Question 4

What are some ways to prove intent in serious assault cases

Answer 4

• prior threats
• evidence of premeditation
• use of a weapon
• whether any weapon was opportunistic or purposely brought
• number of blows
• degree of force used
• body parts targeted by the offender
• degree of resistance or helplessness of the victim

Question 5

What is case law Taisalika

Answer 5

The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent

Question 6

What is case law Smith

Answer 6

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

Question 7

What is case law Waters

Answer 7

A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and in its occurrence at the site of the blow or impact, the wound will be more often than not be external but there are cases where the bleeding which evidences the separation of tissues may be internal

Question 8

What is maiming

Answer 8

Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses

Question 9

What is disfigurement and relevant case law

Answer 9

To deform or deface, to mar or alter the figure or appearance of a person

Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage

Question 10

What is the doctrine of transferred malice

Answer 10

It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, they are still criminally liable

Question 11

What is injure and relevant case law

Answer 11

To injure means to cause actual bodily harm.

Donovan
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim it need not be permanent but must be more than transitory or trifling

Question 12

What is recklessness

Answer 12

R v Harney
Acting recklessly involves consciously and deliberately taking an unjustifiable risk with an intention to continue the course of conduct regardless of the risk

Question 13

What is section 189(1)

Answer 13

Injuring with intent to cause GBH

• with intent to cause GBH
• to anyone
• injures
• any person

Question 14

What is section 189(2)

Answer 14

Injuring with intent to injure

• with intent to injure
• any one
• or with reckless disregard for the safety of others
• injures
• any person

Question 15

What is section 191(1)

Answer 15

Aggravated wounding

(a) with intent to commit or facilitate the commission of any imprisonable offence
(b) with intent to avoid detection of himself or of any other person in the commission of any imprisonable offence
(c) with intent to avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
- wounds, maims, disfigures, or causes GBH to any person
- stupefies any person
- renders unconscious any person
- by any violent means renders any person incapable of resistance

Question 16

What is section 191(2)

Answer 16

Aggravated injuring

(a) with intent to commit or facilitate the commission of any imprisonable offence
(b) with intent to avoid detection of himself or of any other person in the commission of any imprisonable offence
(c) with intent to avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
- injures any person

Question 17

What is case law Tihi

Answer 17

In addition to one of the specific intents outlined in paragraphs (a) (b) or (c) it must be shown that the offender either 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

Two fold test for intent

1. Intended to facilitate commission of imprisonable offence in a,b or c
2. Intended to cause specified harm or was reckless to risk

Question 18

What is facilitate

Answer 18

To make easy or easier

Question 19

What is case law Sturm

Answer 19

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

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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 20

What is case law Wati

Answer 20

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 21

What is stupefy

Answer 21

Means to induce a state of stupor to make stupid, groggy or insensible to dull the senses or faculties

Question 22

What is case law Crossan

Answer 22

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