Week 5- Assault Negligent, Unlawful Grievous Bodily Harm s54

Question 1

s54 Elements

Answer 1

Whosoever by any unlawful or negligent act, or omission, causes grievous bodily harm to any person, shall be liable to imprisonment for two years.

Question 2

AR/MR of Negligent,Unlawful Grievous Bodily Harm

Answer 2

Act or omission-
Unlawful or Negligent Act or Omission

Causes GBH–> Absolute

Question 3

Principle of Negligence in D (1984) NSWCCA NSWCCA

Answer 3

Yeldham J – negligence has the same meaning as in manslaughter (Nydam (1977) VicSC) : act occurred in circumstances which fell so far short of the standard of care which a reasonable man would have exercise

Question 4

Principle of Negligence in Pullman (1991) NSWCCA

Answer 4

–criminal negligence – the prosecution has to establish such a high degree of negligence or disregard for the life and safety of others as to be regarded as a crime against the community generally and as conduct deserving punishment

Question 5

Principle of Negligence in Lavender (2005) HC

Answer 5

test is objective – matter to be judged from the standard of care that the reasonable man would have exercised.

the standard is to be judged from the standpoint of a person in the position of the accused

Question 6

Principle of Unlawfulness in Pullman (1991) NSWCCA

Answer 6

unlawful act has the same meaning as in manslaughter by unlawful and dangerous act – unlawful in itself otherwise than by breach of statutory or regulatory prohibition. Does not need to also have element of dangerousness,far short of an reasonable man