Serious Assault

Question 1

Liability for:
Wounding with Intent - to cause GBH

Answer 1

188(1) Crimes Act 1961
With intent to cause GBH
To any person
Wounds, maims, disfigures or causes GBH
To any person

Question 2

Liability for:
Wounding with Intent - to cause injury

Answer 2

188(2) Crimes Act 1961
With intent to injure any person, or with reckless disregard for the safety of others
Wounds, maims, disfigures or causes GBH
Any person

Question 3

Liability for:
Injures with Intent to cause GBH

Answer 3

189(1) Crimes Act 1961
With intent to cause GBH
To any person
Injures
Any person

Question 4

Liability for:
Injures with Intent - to injure

Answer 4

189(2) Crimes Act 1961
With intent to injure any person, or with reckless disregard for the safety of others
Injures
Any person

Question 5

Liability for:
Aggravated Wounding

Answer 5

191(1) Crimes Act 1961
With intent
a) to commit, or facilitate the commission of any imprisonable offence, OR
b) to avoid detection of himself, herself or any other person in the commission of any imprisonable offence, OR
c) to avoid arrest, or facilitate flight of himself, herself or any other person upon the commission or attempted commission of any imprisonable offence
Wounds, maims, disfigures, causes GBH to any person, or stupifies, or renders any person unconscious, or by any violent means renders any person incapable of resistance.

Question 6

Liability for:
Aggravated injury

Answer 6

191(2) Crimes Act 1961
With intent
a) to commit, or facilitate the commission of any imprisonable offence, OR
b) to avoid detection of himself, herself or any other person in the commission of any imprisonable offence, OR
c) to avoid arrest, or facilitate flight of himself, herself or any other person upon the commission or attempted commission of any imprisonable offence
Injures any person

Question 7

Liability for:
Aggravated Assault - Any person

Answer 7

192(1) Crimes Act 1961
Assaults
Any other person
With intent
a) to commit, or facilitate the commission of any imprisonable offence, OR
b) to avoid detection or himself or any other person in the commission of any imprisonable offence, OR
c) to avoid arrest, or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.

Question 8

Liability for:
Aggravated Assault - Constable

Answer 8

192(2) Crimes Act 1961
Assaults
A Constable, or person acting in aid of any Constable, or any person in the lawfully execution of any process
With intent to obstruct the person so assaulted in the execution of their duty.

Question 9

Define: Intent

Answer 9

Intention to do a deliberate act and the intention to get a specific result.

Question 10

Intent Case law

Answer 10

R v Collister
Circumstantial evidence to help prove defendants intent;
Words and actions immediately before, during or immediately after the act.
Surrounding circumstances.
Nature of the act.

Question 11

Define: Reckless

Answer 11

Conscious and deliberate taking of an unjustified risk.

Question 12

Reckless Case Law

Answer 12

Cameron v R
Need to establish if the defendant recognized the real possibility that his actions would bring about the proscribed result, that the proscribed circumstances existed, and having regard to that risk, his actions were unreasonable.

Question 13

Intent Aggravated Case Law

Answer 13

R v Taisalika
Nature of the blow and gash it produced can point strongly to prove intent

Question 14

Define: Injures

Answer 14

Actual Bodily harm

Question 15

Injures case law

Answer 15

R v Donovan
Hurt or injury that interferes with the health and comfort of the victim. More than trifling or transitory.

Question 16

Define: GBH

Answer 16

Harm that is really serious

Question 17

GBH case law

Answer 17

DPP v Smith
Gervious means no more or no less than really serious.

Question 18

Wounds case law

Answer 18

R v Waters
Breaking of the skin and flowing of blood, either internal or external.

Question 19

Define: Maims

Answer 19

Deprive the victim of a limb/member. Some degree of permanence, less able to fight/defend.

Question 20

Define: Disfigures

Answer 20

Deform/deface/mar/alter figure of appearance, need not be permanent.

Question 21

Disfigure case law

Answer 21

R v Rapana and Murray
Disfigures need not be permanent but can be temporary damage.

Question 22

Define: transfered malice

Answer 22

Person Injures need not be the defendants intended person.

Question 23

Define: Aggravated

Answer 23

To make something worse

Question 24

Aggravated case law x2

Answer 24

R v Tihi
Must prove two fold test for intent.
Intention to a), b), or c) of 191 and intention to cause specified harm or foresaw their actions were likely to cause harm

R v Wati
Must be proof of the attempt or commission of the crime by the person committing the assault.

Question 25

Define: facilitate

Answer 25

To make easier

Question 26

Define: stupifies

Answer 26

Dull the sensors/state of stupor

Question 27

Define: violent means

Answer 27

Physical application of force not limited to threats of violence