VIOLENCE OFFENCES

Question 1

Liability: WOUNDS WITH INTENT TO GBH

Answer 1

S188(1) Crimes Act 1961

With intent to cause GBH
To any person
Wounds or 
Maims or 
Disfigures or 
Causes GBH
To any person

Question 2

INTENT *

Answer 2

There must be an intention to commit the act and to get a specific result. The act or omission must be done deliberately and be more than accidental.

R v TAISALIKA

Question 3

R v TAISALIKA *

Answer 3

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

Question 4

GBH *

Answer 4

Harm that is really serious.

DPP v SMITH

Question 5

DPP v SMITH *

Answer 5

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

Question 6

WOUND *

Answer 6

R v WATERS

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

Question 7

R v WATERS *

Answer 7

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

Question 8

MAIMS *

Answer 8

Deprive the victim of the use of a limb or of one of the senses. Needs to be some degree of permanence.

Question 9

DISFIGURES *

Answer 9

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

Question 10

R v RAPANA and MURRAY

Answer 10

Disfigure covers not only permanent damage but also temporary.

Question 11

DOCTRINE OF TRANSFERRED MALICE *

Answer 11

It is not necessary that the person suffering the harm was the intended victim.

Question 12

INJURE *

Answer 12

S2 Crimes Act 1961

Means to cause actual bodily harm

Question 13

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 be more than transitory and trifling.

Question 14

WHAT MUST BE PROVED FOR RECKLESSNESS? *

Answer 14

When recklessness is an element in an offence the following must be proved:

1. That the defendant consciously and deliberately ran a risk (subjective)
2. That the risk was one that was unreasonable to take in the circumstances as they were known to the defendant (objective – would a reasonable person take the risk)

R v CAMERON

Question 15

R v CAMERON *

Answer 15

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

Question 16

R v TIPPLE

Answer 16

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

Question 17

PERSON *

Answer 17

Gender neutral. Determined by judicial notice, circumstantial evidence.

Question 18

FACILITATE *

Answer 18

To make possible or make easy/easier.

Question 19

AVOID DETECTION *

Answer 19

The offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 20

AVOID ARREST OR FACILITATE FLIGHT *

Answer 20

The specified harm is caused to enable the offender or offenders to more easily effect their escape or to prevent their capture

Question 21

IMPRISONABLE OFFENCE *

Answer 21

An offence punishable by imprisonment.

Question 22

R v WATI *

Answer 22

There must be proof of the commission or attempted commission of a crime either by the person committing the assault of by the person whose arrest or flight he intends to avoid or facilitate.

Question 23

R v TIHI *

Answer 23

It must be shown that in addition to facilitating the imprisonable offence 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 24

STUPEFY *

Answer 24

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

R v STURM

Question 25

R v STURM *

Answer 25

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 26

RENDER UNCONSCIOUS *

Answer 26

To render means to cause to be or to become. The offender’s actions must cause the victim to lose consciousness.

Question 27

R v CROSSAN *

Answer 27

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

Question 28

BY ANY VIOLENT MEANS *

Answer 28

Violent means is not limited to physical violence and may include threats of violence depending on the circumstances.

Question 29

FOR AGGRAVATED ASSAULT, DOES THE IMPRISONABLE OFFENCE NEED TO BE COMPLETE? *

Answer 29

Provided they have the necessary intent at the time the harm is caused it is immaterial whether they actually commit the intended imprisonable offence or not.