Violence

Question 1

What was held in DPP v SMITH?

Answer 1

GBH - ‘grievous’ - really serious and bodily harm needs no explanation.

Question 2

What was held in R v Rapana & Murray?

Answer 2

Disfigures - covers not only permanent damage, but also temporary damage.

Question 3

What was held in R v Waters?

Answer 3

A wound is a breaking of the skin, evidenced by the flow of blood. May be internal or external.

Question 4

What was held in R v Wati?

Answer 4

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 5

What was held in R v Tipple?

Answer 5

Recklessness requires that the offender know of or have the conscious appreciation of the relevant risk, and it may be said that it requires a “deliberate decision to run the risk”

Question 6

What was held in Cameron v R?

Answer 6

Recklessness is established if:
(A) recognised that there was a real possibility that:
(I) his or her actions would bring about the proscribed result; (subjective test) and/or -
(Ii) that the proscribed circumstances existed and:
(B) having regard to that risk these actions were unreasonable (objective test)

Question 7

What was held in R v Broughton?

Answer 7

threat of violence
Manifestation of an intention to inflict violence. Direct or veiled.

Question 8

What was held in R v Taisalika?

Answer 8

INTENT
Nature of blow and the gash which it produced point strongly to the presence of the necessary intent.

Question 9

Define the term “maiming”

Answer 9

Depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary

Question 10

Define the term disfigurement

Answer 10

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

Question 11

What is the “Doctrine of Transferred Malice”?

Answer 11

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, he is still criminally responsible.

Question 12

Define the term injure

Answer 12

Means to cause actual bodily harm

Question 13

What was held in R v Donovan?

Answer 13

“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, no doubt, be more than merely transitory and trifling.

Question 14

Define the term “reckless”

Answer 14

Consciously and deliberately taking an unjustifiable risk.

Question 15

What must be proved for reckless?

Answer 15

That the defendant was:
- aware of the risk and proceeded regardless (a subjective test); and
- that it was unreasonable for him to do so (an objective test)

Question 16

What was held in R v Tihi?

Answer 16

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.

Question 17

Define the term stupefy

Answer 17

To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.

Question 18

What are the elements of assault?

Answer 18

For conviction, you will need to prove all the elements of Assault. They are:
- intention to apply or attempt to apply force to another
- application or attempted application of force, whether directly or indirectly, or
- threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat

Question 19

What was held in R v Pekepo?

Answer 19

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 a person must be established.

Question 20

What is the definition of discharge?

Answer 20

To fire or shoot.

Question 21

What is the definition of a firearm?

Answer 21

firearm—
(a)
means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b)
includes—
(i)
anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; and
(ii)
anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) or subparagraph (i); and
(iii)
anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being dismantled or partially dismantled; and
(iv)
any specially dangerous airgun

Question 22

What is the definition of the term explosive?

Answer 22

explosive—
(a)
means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and
(b)
without limiting paragraph (a), includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and
(c)
without limiting paragraph (a) or paragraph (b), includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect; but does not include a firearm; and
(d)
does not include any firework as defined in section 2 of the Hazardous Substances and New Organisms Act 1996

Question 23

What type of substance is boiling water?

Answer 23

Destructive.

Question 24

When are the offences under 198 completed?

Answer 24

Although offences under s198(1)(a) require the actual discharge of a firearm at a person, under s198(1)(b) it is not necessary for an explosion to occur; the offence is complete when an explosive or an injurious substance or device is sent, delivered, or put in place. However, the substance must have the capacity to explode or cause injury.

Question 25

Define the term property?

Answer 25

Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.

Question 26

Define the term “Uses in any manner whatever” (in relation to S198A)

Answer 26

It is sufficient if the defendant has handled or manipulated the firearm so as to convey an implied threat of its further use against the police officer.

Question 27

What was held in R v Kelt?

Answer 27

Very close physical link/degree of immediate control of firearm - re has firearm with him.

Question 28

What was held in Simester and Brookbanks?

Answer 28

Knowing means “knowing or correctly believing”… the defendant may believe something wrongly but cannot ‘know’ something that is false.

Question 29

What was held in Fisher v R?

Answer 29

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.