FOCUS Serious Assaults

Question 1

Wounding With Intent to Cause GBH

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 1

Section 188(1)
Crimes Act 1961
Penalty: 14 years

With Intent to Cause GBH / To Anyone / Wounds OR Maims OR Disfigures OR Causes GBH / To any person

DPP v Smith
R v Rapana and Murray
R v Waters
R v Talsalika

Intent
GBH
Person
Wounds
Maims
Disfigures

Question 2

Define Intent

Answer 2

A person does something intentionally if they meant o do it; they desire a specific result and act with the aim or purpose of achieving it

Question 3

Define GBH

Answer 3

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

Question 4

Define Person

Answer 4

Gender Neutral

Question 5

Define Wound

Answer 5

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 the blow or impact, the wound will ore often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

Question 6

Define Maims

Answer 6

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

Question 7

Define Disfigures

Answer 7

To disfigure means to deform or deface, to mar or alter the figure or appearance of a person

Question 8

DPP v Smith

Answer 8

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

Question 9

R v Rapana and Murray

Answer 9

The word disfigure covers not only permanent damage but also temporary damage.

Question 10

Define GBH

Answer 10

GBH is defined as harm that is really serious.

Question 11

Wounding With Intent to Injure

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 11

Section 188(2)
Crimes Act 1961
Penalty: 7 years

With Intent to Injure Any Person OR with Reckless Disregard for the safety of others / Wounds OR Maims OR Disfigures OR Causes GBH / To any person

R v Waters
DPP v Smith
R v Rapana and Murray
R v Donovan
R v Harney
R v Taisalika

Intent
Injure
With Reckless Disregard for the Safety of others
Wounds
Maims
Disfigures
GBH
Person

Question 12

Define Injure

Answer 12

Means to cause actual bodily harm

Question 13

R v Donovan

Answer 13

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must, no doubt, be more than merely transitory or trifling.

Question 14

Injuring with Intent to Cause GBH

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 14

Section 189(1)
Crimes Act 1961
Penalty: 10 years

With Intent to cause GBH / to any one / Injures / Any person

DPP v Smith
R v Donovan
R v Taisalika

Intent
GBH
Person
Injure

Question 15

Injuring with Intent to Injure

List:

• Tops & Sides
• Case Law
• Definition Headings

Answer 15

Section 189(2)
Crimes Act 1961
Penalty: 5 years

With Intent to Injure anyone OR with reckless disregard for the safety of others / Injures / Any Person

R v Donovan
R v Harney
R v Taisalika

Intent
Reckless Disregard for the Safety of Others
Injure
Person

Question 16

R v Taisalika

Answer 16

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.

Question 17

Degree of Harm

Answer 17

Wounding, maiming, or disfiguration need not be grievous, if in causing that
harm the defendant had the intent to cause really serious harm.
In R v Hunt4
the defendant, while breaking into another man’s stables, was
caught by the property owner and his servant. Hunt attempted to stab the
property owner with a knife, but in the ensuing struggle he unintentionally
inflicted a superficial cut to the servant’s wrist.
He was found guilty of wounding the servant, as although the cut was “slight
and not in a vital part” his intent had nevertheless been to cause serious harm
(albeit to the property owner and not to the servant).
This decision confirms that if there was an intent to do grievous bodily harm,
it was immaterial whether grievous harm was done. The question is not what
the wound is, but what wound was intended.

Question 18

R v Tihi (regarding aggravated wounding)

Answer 18

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it
must be shown that the offender either 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.

Question 19

R v Sturm

Answer 19

Under section 191(1)(a) “it is not necessary for the prosecution to prove the
intended crime was actually subsequently committed”.

Question 20

R v Wati (facilitate flight)

Answer 20

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.

Question 21

R v Crossan (incapable of resistance)

Answer 21

“Incapable of resistance” includes a powerlessness of the will as well as a physical
incapacity.

Question 22

Wounding vs GBH

Answer 22

The terms “wounds”, “maims” and “disfigures” refer to the type of injury
caused, whereas the term “grievous” refers to the degree or seriousness of
the injury.
For example, stabbing a person with a knife will cause, by definition, a
wound, although the wound may or may not be “serious”.
A single stab in the arm may result in a superficial wound, but may still
constitute an offence against section 188(1) if the offender’s intent was to
inflict really serious harm.
By contrast, “wounding” a person by stabbing them five times in the chest
would be more appropriately classed as grievous bodily harm due to the
seriousness of the wounds caused.

Question 23

R v Talsalika

Answer 23

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.