Week 5- Assault Grieveous Bodily Harm & Reckless Wounding s35

Question 1

Overview - The 5 Offences

Answer 1

(1) Reckless grievous bodily harm—in company – 14 years
(2) Reckless grievous bodily harm – 10 years
(3) Reckless wounding—in company – 10 years
(4) Reckless wounding – 7 years
(5) Alternative verdict I

Question 2

Definition of Reckless Grievous Bodily Harm

Answer 2

A person who:
(a) causes grievous bodily harm to any person, and
(b) is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.—> intend /foresee the infliction of harm

Question 3

Actus Reus/Mens Rea of Reckless GBH

Answer 3

Act–>MR of intent

Causes grievous bodily harm–>absolute/reckless as to causing actual bodily harm to that or any other person

Question 4

Principle in Crimes Act 1900 (NSW) s4

Answer 4

Grievous bodily harm includes:
(a) the destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and

(b) any permanent or serious disfiguring of the person, and
(c) any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

Question 5

Principle in DPP v Smith (1961) PC

Answer 5

really serious injury

“grievous” means no more and no less than ‘really
serious’
breaking external layer insufficient – breaking internal also needed
FACTS:
Soldier trying to avoid imprisonment after stabbing a victim by arguing the chain of causation had been broken

Question 6

Principle in Haoui [2008] NSWCCA 209 Beazley JA; Johnson J (McCallum J agreeing)

Answer 6

Injuries do not need to be permanent, or consequences long lasting or life threatening, but does need to be really serious

Examples-skull fractures,laceration of ear requiring steel flights, rib fracures in child,severe injury of knee

Injuries on the lower end—>

Question 7

Principle in King [2003] NSWCCA

Answer 7

The death of a foetus was held to amount to the infliction of
GBH to the mother. Later s4 was amended to include the
GBH to the pregnant woman. Zoe’s Law

Question 8

Wounding/GBH with intent to inflict GBH S33(1)

Answer 8

s33 (1)
A person who:
(a) wounds any person, or
(b) causes grievous bodily harm to any person,
with intent to cause grievous bodily harm to that or any other person is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.’

Question 9

Wounding AR/MR

Answer 9

Act===>Intentional
Causing Wound—> absolute for wouding,intention to inflict griveous bodily harm

Causing griveous bodily harm–>Intent

Question 10

Principles in Shepherd [2003] NSWCCA 351 Kirby J

Answer 10

A wounding is assumed to be ‘the infliction of any injury
which breaks the continuity of the skin’ (R v
Newman[1948].

Wounds is an injury
involving the breaking or cutting of the interior layer of the
skin (dermis) and the breaking of the outer layer (epidemis)
is not sufficient.”

Question 11

MR -Recklessness in s4A Crimes Act (1900) NSW

Answer 11

Element establised by proof of intention or knowledge

Defendant although not thinking of the resullt ,may realise that the conduct may bring about the consequence of GBH

Foresight of the consequences of the act

Question 12

MR- Recklessness in MacPherson v Brown (1975) 12 SASR 184 Bray CJ

Answer 12

The prosecution must prove foresight of the possibility of
inflicting physical contact or the apprehension of imminent
unlawful contact

Actual
knowledge is necessary/not ought to have known/should have

Question 13

MR- Recklessness in Edwards v Police (1998) 71 SASR 493

Answer 13

Reckless – defendant, whilst not desiring [the result] realises
that his conduct may do so, and persists with it

Question 14

MR-Recklessness in MacPherson v Beath (1975) 12 SASR 174

Answer 14

The MR of such an assault is the defendant’s intention to
produce that expectation in the victim’s mind

alternative possibility of a reckless assault where
the defendant, while not desiring to cause such fear, realises
that his conduct may do so and persists with it

Question 15

MR-Recklessness in Blackwell [2011] NSWCCA 93

Answer 15

Meaning of recklessness for consequences: foresight of the

possibility of the relevant consequences

Question 16

Elements of Reckless Wounding in Company s35(1) (3)

Answer 16

A person who, in the company of another person or persons:
(a) wounds any person, and
(b) is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.

Question 17

MR/AR of Reckless Wounding in Company

Answer 17

Act–> Intent
Causes wounding–> absolute
In company—> Intent

Question 18

In Company Principle from Markou v R (2012) NSWCCA

Answer 18

here must be an expressed or implied agreement between the accused and another to achieve a common result. A mere coincidence of common actions is insufficient.

Question 19

Principle in Hatch(2006)

Answer 19

Consequences of wounding may vary

Question 20

Principle in Swan [2016]

Answer 20

If there’s multiple fractures it’s about the injury not the consequences.Take them as they find them

Question 21

Principle in Clarence (1888) 22 QBD 23

Answer 21

That a man who knew he had a disease (gonnhorea) and foresaw that it was possible he could transmit the disease to his wife and yet proceeded to do so without informing her of his condition couldn’t be convicted of inflict GBH