Serious Assaults

Question 1

Wounding with Intent to Cause GBH

Answer 1

Crimes Act 1961 Sec.188(1) 14 Years Imprisonment

With Intent to Cause Grevious Bodily Harm (R v Taisalika, DPP v Smith and R Collister)

To any person

Wounds (R v Waters)
OR
Maims
OR
Disfigures (R v Rapana and Murray)
OR
Causes GBH (DPP v Smith)

To any person

Question 2

R v Taisalika

DPP v Smith

R v Collister

Intent (definition)

Answer 2

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
(R v Taisalika)

“Bodily harm” needs no explanation and “grevious” means no
more and no less than “really serious.”
(DPP v Smith)

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.
R v Collister

There must be an intention:
To commit the act, and
to get a specific result.

Question 2

R v Waters

Answer 2

“A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.”
(R v Waters)

Question 3

Maims (defined)

Answer 3

Will involve mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.

Question 4

Disfigures (defined)

R v Rapana and Murray

Answer 4

To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person.”

The word ‘disfigure’ covers “not only permanent damage but also temporary damage.”
(R v Rapana and Murray)

Question 5

Grievous bodily harm (defined)

DPP v Smith

Answer 5

Grevious bodily harm can be defined simply as “harm that is really serious.”

“Bodily harm” needs no explanation and “grevious” means no and no less than “really serious.”
(DPP v Smith)

Question 6

Any person …defined

Answer 6

Gender neutral. Proved by judicial notice or circumstantially.

Question 7

Wounding with Intent (Injures)

Answer 7

Crimes Act 1961 Sec.188(2) 7 Years Imprisonment

With Intent to Injure Any person (R v Taisalika, R v Collister and R v Donovan)

OR

With Reckless Disregard for the Safety of Others (Cameron v R and R v Tipple)

Wounds (R v Waters)
OR
Maims
OR
Disfigures (R v Rapana and Murray)
OR
Causes GBH (DPP v Smith)

To any person

Question 8

Cameron v R

R v Tipple

Recklessness (definition)

Answer 8

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
(Cameron v R)

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”.
(R v Tipple)

Recklessness is the conscious and deliberate taking of an unjustified risk.

Question 8

Injuring with Intent-GBH

Answer 8

Crimes Act 1961 Section 189(1) 10 years Imprisonment

With Intent to cause Grevious Bodily Harm (R v Taisalika and DPP v Smith)

To any person

Injures (R v Donovan)

Any person

Question 9

Injures (defined)

R v Donovan

Answer 9

Injure -Sec.2, Crimes Act 1961
Means to cause actual bodily harm.

‘Bodily harm’ includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent, but it must, no doubt, be more than transitory and trifling.
(R v Donovan)

Question 9

Injuring with Intent-Injures

Answer 9

Crimes Act 1961 Section 189(2) 5 years Imprisonment

With Intent to Injure any person (R v Taisalika) and (R v Donovan)

OR

With Reckless Disregard for the Safety of Others (Cameron v R and R v Tipple)

Injures (R v Donovan

Any person

Question 10

Aggravated Wounding

Answer 10

Crimes Act 1961 Section 191(1)(a) OR (b) OR (c) 14 years Imprisonment

(a) With Intent to commit or facilitate the commission of any imprisonable offence (R v Taisalika, R v Collister, R v Tihi and R v Sturm)

OR

(b) With Intent to avoid detection of himself or any other person in the commission of an imprisonable offence

OR

(c) With Intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence (R v Wati)

Wounds (R v Waters)

OR

Maims

OR

Disfigures (R v Rapana and Murray)

OR

Causes GBH to any person (DPP v Smith)

OR

Stupefies (R v Sturm)

OR

Renders unconscious any person

OR

By any violent means renders any person incapable of resistance (R v Crossan)

Question 11

R v Tihi

R v Wati

Answer 11

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c) “it must be shown 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”
(R v Tihi)

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 intends to avoid or facilitate.
(R v Wati)

Question 12

R v Sturm (Stupifies)

Answer 12

To “stupify” means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.

Question 13

R v Crossan

Answer 13

“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity. Taking away and detaining are “separate and distinct offences”.

Question 14

Aggravated Injuring

Answer 14

Crimes Act 1961 Section 191(2) 7 years Imprisonment

(a) With Intent to commit or facilitate the commission of any imprisonable offence (R v Taisalika, R v Collister and R v Tihi)

OR

(b) With Intent to avoid detection of himself or of any other person in the commission of an imprisonable offence

OR

(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted of any imprisonable offence (R v Wati)

Injures (R v Donovan)

Any person.

Question 15

Impedes Breathing/Blood Circulation (Strangulation/Suffocation)

Answer 15

Crimes Act 1961 Section 189A

Everyone is liable to Imprisonment for a term not exceeding 7 years who intentionally or recklessly impedes another person’s normal breathing, blood circulation, or both, by doing (manually, or using any aid) all or any of the following:

(a) blocking that other person’s nose, mouth, or both:

(b) applying pressure on, or to, that other person’s throat, neck, or both.

Note: Postitional asphyxiation is not covered by this section unless the pressure is applied to the applicable areas.

Question 16

R v Sturm Section 191(1)(a)

Answer 16

It is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

Question 17

Aggravated Assault

Answer 17

Crimes Act 1961 Section 192

(1) Everyone is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent to-

(a) To commit or facilitate the commission of any imprisonable offence; or

(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or

(c) To avoid the arrest or facilitate flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

(2) Everyone is liable to imprisonment for a term not exceeding 3 years who assaults any Constable or any person acting in aid of any Constable, or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his duty.