Violence Liabilities, Case Law and definitions

Question 1

Section 188(1) Crimes Act 1961

Answer 1

Wounding with intent

• With intent to cause grievous bodily harm
• To any person
• Wounds OR
• Maims OR
• Disfigures OR
• Causes grievous bodily harm
• To any person

Question 2

Section 188(2) Crimes Act 1961

Answer 2

Wounding with intent

• With intent to injure any person OR
• With reckless disregard for the safety of others
• Wounds OR
• Maims OR
• Disfigures OR
• Causes grievous Bodily harm
• To any person

Question 3

Section 189(1) Crimes Act 1961

Answer 3

Injuring with intent

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

Question 4

Section 189 (2) Crimes Act 1961

Answer 4

Injuring with intent

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

Question 5

Section 191(1) Crimes Act 1961

Answer 5

Aggravated Wounding

• With intent to:
  a) To commit or facilitate the commission of any imprisonable offence.
  b) To avoid the detection of himself or any other person in the commission
  c) Avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission
• Wounds, maims, disfigures or causes GBH, or stupefies or renders unconscious any person or by any violent means renders any person incapable of resistance

Question 6

R V WATI

Answer 6

Application: Commission of a crime

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 intents to avoid / facilitate.

Question 7

R V TIHI

Answer 7

Application: Intent

In addition to one of the specified intents outlined in paragraphs (a) - (c) it must be shown that the offender 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 8

R V TIPPLE

Answer 8

Application: Recklessness

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

Question 9

R V TAISALIKA

Answer 9

Application: Intent

The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

Question 10

R V RAPANA AND MURRAY

Answer 10

Application: Disfigures

Disfigure covers not only permanent damage but also temporary damage

Question 11

DPP V SMITH

Answer 11

Application: Grievous bodily harm

‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.

Question 12

R V WATERS

Answer 12

Application: Wound

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

Question 13

R V COLLISTER

Answer 13

Application: Intent

Circumstantial evidence from which an offenders intent may be inferred can include:

 - The offenders actions and words before, during and after the event.
 - The surrounding circumstances
 - The nature of the act itself

Question 14

CAMERON V R

Answer 14

Application: Recklessness

Deliberate taking of an unjustified risk

Question 15

R V MCCARTHUR

Answer 15

Application: Injures

“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 and trifling.

Question 16

R V STURM

Answer 16

Application: Stupefy

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 17

Wounding with intent to cause GBH - act and section

Answer 17

Crimes act 1961 - section 188(1)

Question 18

Wounding with intent to cause GBH - ingredients

Answer 18

Crimes Act. 1961 - Section 188(1)

• With intent to cause GBH
• To any person
• Wounds OR maims OR disfigures OR causes GBH
• To any person

Question 19

Wounding with intent to injure - act and section

Answer 19

Crimes act 1961 - 188(2)

Question 20

Wounding with intent to injure - ingredients

Answer 20

Crimes act 1961 - section 188(2)

• With intent to injure any person OR with reckless disregard for the safety of others
• Wounds OR maims OR disfigures OR causes GBH
• any person

Question 21

Injuring with intent to cause GBH - act and section

Answer 21

Crimes act 1961 - 189(1)

Question 22

Injuring with intent to cause GBH - ingredients

Answer 22

Crimes act 1961 - section 189(1)

• With intent to cause GBH
• To any person
• Injures
• Any person

Question 23

Injuring with intent to injure - act and section

Answer 23

Crimes act 1961 - section 189(2)

Question 24

Injuring with intent to injure - Ingredients

Answer 24

Crimes act 1961 - section 189(2) - With intent to injure any person OR with reckless disregard for the safety of others

• Injures
• Any person

Question 25

Aggravated wounding - act and section

Answer 25

Crimes act 1961 - section 191(1)

Question 26

Aggravated wounding - Ingredients

Answer 26

Crimes act 1961 - section 191(1)

• With intent to:
  (a) commit or facilitate the commission of any imprisonable offence; or
  (b) avoid the detection of himself/herself or of any other person in the commission of any imprisonable offence; or
  (c) avoid the arrest or facilitate the flight of himself/herself or of any other person upon the commission or attempted commission of any imprisonable offence
• Wounds OR maims OR disfigures OR causes GBH to any person, OR stupefies OR renders unconscious any person, OR by any violent means renders any person incapable of resistance.