Serious Assault - Case Law

Question 1

R v Taisalika

Answer 1

The nature of the blow and gash which it produced point strongly to the presence of necessary intent

Question 2

R v Collister

Answer 2

Circumstantial evidence can be inferred by

• actions and words before during and after the event
• surrounding circumstances
• nature of the act

Question 3

DPP v Smith

Answer 3

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

Question 4

R v Waters

Answer 4

A wound is a breaking of the skin evidenced by the flow of blood. May be internal or external

Question 5

R v Rapana and Murray

Answer 5

Disfigure covers not only permanent damage but also temporary damage

Question 6

R v McArthur

Answer 6

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim

Question 7

R v Tipple

Answer 7

Recklessness requires the offenders to have a conscious appreciation of the relevant risk and to run that risk anyway

Question 8

R v Tihi

Answer 8

In addition to one of the specific intents outlined in paragraphs (a) - (c) it must be shown the offender meant to cause the harm or foresaw the actions undertaken were likely to expose others to the risk of suffering it

Question 9

R v Strum - stupefy

Answer 9

An effect on the mind or nervous system which seriously interferes with their physical or mental ability

Question 10

R v Wati

Answer 10

There must be proof of the commission or attempt by the person committing the assault or the person whose flight he attends to facilitate

Question 11

R v Crossan

Answer 11

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