Violence - Serious Assaults CIB 010

Question 1

Section 188(1) CA 1961

Answer 1

With intent to GBH
To any person
Wounds, maims, disfigures or cause GBH
To any person

14 years

Question 2

Section 188(2) CA 1961

Answer 2

With intent to injure or reckless disregard to the safety of others
Wounds, maims, disfigures or cause GBH
To any person

7 years

Question 3

Section 189(1) CA 1961

Answer 3

With intent to GBH
To any person
Injures
Any person

10 years

Question 4

Section 189(2) CA 1961

Answer 4

With intent to injure or reckless disregard to the safety of others
Injures
Any person

5 years

Question 5

Section 191(1)(a)(b)(c) CA 1961

Answer 5

With intent to
(a) commit or facilitate the commission of any imprisonable offence. or
(b)Avoid the detection of himself or any other person in the commission of any imprisonable offence
(c) Avoid the arrest or facilitate the flight of himself or any other person in the commission of any imprisonable offence

Wounds, maims, disfigures or causes GBH, stupefies, renders unconscious any person by any violent means renders any person incapable of resistance

Any person

14 Years

Question 6

Section 191(2) CA 1961

Answer 6

With intent to

(a) commit or facilitate the commission of any imprisonable offence. or
(b)Avoid the detection of himself or any other person in the commission of any imprisonable offence
(c) Avoid the arrest or facilitate the flight of himself or any other person in the commission of any imprisonable offence

Injures any person

7 years

Question 7

Section 192(1)(a)(b)(c) CA 1961

Answer 7

With intent to

(a) commit or facilitate the commission of any imprisonable offence. or
(b)Avoid the detection of himself or any other person in the commission of any imprisonable offence
(c) Avoid the arrest or facilitate the flight of himself or any other person in the commission of any imprisonable offence

Assaults

Any person

3 years

Question 8

Section 192(2) CA 1961

Answer 8

Assaults

Any constable, any person acting in aid of a constable or any person in the lawful execution of his duty

With intent to obstruct the person so assaulted in the execution of his duty.

3 Years

Question 9

Intent

Answer 9

There are two specific types of intent, firstly an intent to commit the act and the second an intent to produce a specific result.

Question 10

R v Collister

Answer 10

The offenders intent inferred from the circumstances. The offenders actions or words said, before, during or after, the surrounding circumstance and the nature of the act itself.

Question 11

DPP v Smith or GBH

Answer 11

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

Question 12

R v Taisalika

Answer 12

The nature of the blow and the gash it produced will strongly point towards the necessary intent.

Question 13

Any person

Answer 13

Gender neutral , proven by judicial notice or circumstantial evidence.

Question 14

R v Waters or Wounds

Answer 14

A wound is the breaking of the skin, evidence by the flow of blood either internally or externally

Question 15

Maims

Answer 15

Maiming involves mutilating, crippling, or disabling part of the victim’s body so as to deprive them of the use of a limb or one of the senses. It has to have some degree of permanence.

Question 16

Disfigures

Answer 16

Means to deform, deface, mar or alter the figure or appearance of a person. It does not need to be permanent.

Question 17

R v Rapana and Murray

Answer 17

Disfigures covers not only permanent damage but also temporary damage.

Question 18

Injure

Actual bodily harm

Answer 18

To cause actual bodily harm.

ACTUAL BODILY HARM
May be internal or external, but need not be permanent or dangerous. It can also include psychiatric injury proven by an expert.

Question 19

R v Donovan

Answer 19

Donovan states bodily harm is 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 20

Recklessness

Answer 20

Recklessness is the deliberate undertaking of unjustified risk.

Question 21

Cameron v R

Answer 21

The defendant knew the proscribed circumstances existed, knew his actions would bring about the proscribed result, and having regard to that risk, his actions were unreasonable.

Question 22

Facilitate

Answer 22

To make easier, or to make it possible.

Question 23

Avoid detection

Answer 23

To prevent themselves or another being caught in the act.

Question 24

Facilitate the flight

Answer 24

Facilitate the flight arises after the offence has been committed or attempted. The prosecution must prove the offence had been committed or attempted.

Question 25

R v Tihi

Answer 25

In addition to the intentions of a – c it must be shown the offender meant to cause specified harm or foresaw the actions were likely to expose others to the risk.

Question 26

R v Wati

Answer 26

There must be proof of the crime being committed or attempted. The prosecution must prove the offence had been committed or attempted.

Question 27

Stupefies - R v Sturm

Answer 27

Means to cause an effect on the mind or nervous system which seriously interferes with their ability to hinder the intended crime.

Question 28

Render

Answer 28

Cause to be… or cause to become.

Question 29

Violent means

Answer 29

Not limited to just physical violence, it can also include threats of violence depending on the circumstances.

Question 30

Render incapable of resistance - R v Crossan

Answer 30

Mere threats may not in itself be sufficient to satisfy violent means.

Question 31

Assault

Answer 31

intention to apply or attempt to apply force to another

Question 32

ADDITIONAL CIRCUMSTANTIAL EVIDENCE TO SHOW INTENT

Answer 32

P Prior threats
B Body parts targeted
W Weapon opportunistic or brought along
U Use of a weapon
N Number of blows
D Degree of force used
E Evidence of premeditation
R Resistance or helplessness of victim

Question 33

DEGREE OF HARM

Answer 33

Wounding, maiming, disfiguring need not be grievous. If there was intent to do GBH then it’s immaterial whether harm was grievous or not, it is what was intended. The fundamental question is what wound was intended, not what wound was caused.

Question 34

GBH refers to

Answer 34

Grievous refers to the degree of harm, rather than to the nature of it or how it was caused. As long as the harm is serious it need not involve life threatening or permanent injury.

Question 35

PSYCHIATRIC INJURY

Answer 35

Bodily harm may include psychiatric injury but does not include mere emotions. The injury should amount to an identifiable clinical condition, proven by expert evidence.

Question 36

Delay

Answer 36

Section 188 is not limited to the immediate harmful consequences of the offender’s actions. The link between the actus reus and the outcome is a physical one, but not a temporal one. The effects may be delayed, but they are affects none the less.

Question 37

DOCTORINE OF TRANSFERRED MALICE

Answer 37

It is not necessary that the person harmed was the intended victim. Mistaken identity or harm intended for someone else bit accidentally inflicted on another still incurs criminal responsibility.

Question 38

Recklessness

Answer 38

The defendant must be aware of the risk (subjective) and the taking of that risk must be unreasonable (objective). The risk does not need to be considered significant or likely or probable, it only needs to be known to exist.

Question 39

AGGRAVATING INJURING

Answer 39

Has the same/ one of the intents listed under section 191(1)(a) (b) or (c) however the outcome to the victim is injury.

Question 40

Assault Investigation

Answer 40

I Initial action
V Victim’s condition
S Statements
E Evidence
F Further enquiries
I Interviewing the suspect
C Charging