Serious Assaults

Question 1

Wounding with Intent to GBH

Answer 1

With intent to cause grievous bodily harm
To any person
Wounds or mains or disfigures or causes grievous bodily harm
To any person

Question 2

Wounding with Intent to Injure

Answer 2

With intent to injure any person or with reckless disregard for the safety of other
Wounds or mains or disfigures or causes grievous bodily harm
To any person

Question 3

Injures with Intent to GBH

Answer 3

With intent to cause grievous bodily harm
To any person
Injures
Any person

Question 4

Injures with Intent to Injure

Answer 4

With intent to injure any person or with reckless disregard for the safety of other
Injures
Any person

Question 5

Aggravated Wounding

Answer 5

With intent:
To commit or facilitate the commission of any imprisonable offence; or
To avoid detection of himself or of any other person in the commission of any imprisonable offence; or
To avoid the arrest or facilitate the flight of himself or of any other person upon the cmossion of or attempted of any imprisonable offence-
Wounds or mains or disfigures or causes grievous bodily harm, or stupifies or renders unconscious any person or by any violent means renders any person incapable of resistance.

Question 6

Intent

Answer 6

Must be an intention to commit the act and secondly an intention to get a specific result. Deliberate act.

Question 7

R v Taisalika

Answer 7

Nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

Question 8

R v Collister

Answer 8

Words and actions of offender, before/after/during, nature of offence and circumstances surrounding.

Question 9

DDP v Smith

Answer 9

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

Question 10

Wound

Answer 10

R v Waters: A wound is breaking of the skin evidenced by the flow of blood. Maybe internal or external.

Question 11

R v Waters

Answer 11

A wound is breaking of the skin evidenced by the flow of blood. Maybe internal or external.

Question 12

Grievous Bodily Harm and case law

Answer 12

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

Question 13

Maim

Answer 13

Involves mutilating, crippling, disabling a part of the body/senses or deprive of
its use. Must be some form of Permanence.

Question 14

Disfigures and case law

Answer 14

Deform or deface, alter figure or appearance of person. R v Rapana and Murray

Question 15

R v Rapana and Murray

Answer 15

Disfigures covers both permanent but also temporary damage.

Question 16

Doctrine of transferred malice

Answer 16

A person suffering injury need not be the intended person. Still liable even if an accidental victim e.g mistaken identity or force intended for one person affects another.

Question 17

R v McArthur

Answer 17

‘Bodily Harm’ means hurt or injury that interferes with the health or comfort of the victim.

Question 18

Recklessly

Answer 18

Consciously and deliberately ran a risk, Unreasonable risk to take.

Question 19

Cameron v R

Answer 19

Recklessness is established if defendant knew actions would
bring the result and circumstances existed and understood risk was unreasonable.

Question 20

R v Tipple

Answer 20

Reckless means knowing of the risk and acting anyway.

Question 21

Injure

Answer 21

Actual bodily harm.

Question 22

R v Sturm

Answer 22

Not necessary to prove the intended crime was committed.

Question 23

R v Wati

Answer 23

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 be intended to avoid or facilitate.

Question 24

R v Tihi

Answer 24

The offender means 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 25

Stupefies

Answer 25

R v Sturm (2) – to cause an effect on the mind or nervous system of a person, interferes with the person’s mental or physical ability to act (fight back or stop the offence)

Question 26

R v Crossan

Answer 26

Incapable of resistance = powerless of the will as well as a physical inability.

Question 27

By any violent means

Answer 27

Renders any person incapable of resisting, “violent means” is not limited to physical violence and may iinclude threats of violence, depending on the circumstances.

Question 28

Aggravated Wounding (a)

Answer 28

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

Question 29

Aggravated Wounding (b)

Answer 29

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

Question 30

Aggravated Wounding (c)

Answer 30

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