Serious Assaults

Question 1

R V TIHI

Answer 1

In addition to one of the specific intents outlined in paragraphs (a) (b) (c) “it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it”

Question 2

a) Commit

Answer 2

To do, perform, perpetrate

Question 3

a) Facilitate

Answer 3

To make possible or to make easy or easier

Question 4

b) avoid detection

Answer 4

Offender causes the specified harm to prevent himself or others being caught in the act.

Question 5

c) avoid arrest

Answer 5

Acts done by offenders to avoid their own or others arrest.

or

or help escape after the commission of a crime or attempted crime.

Question 6

An imprisonable offence

Answer 6

Normal meaning - any offence punishable by a term of imprisonment.

Question 7

R V WATI

Answer 7

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 8

R V STURM

Answer 8

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

Question 9

R V WATERS

Answer 9

A wound is the breaking in the continuity of the skin with the flow of blood and can be internal or external.

Question 10

Maims

Answer 10

Will involve mutilating, crippling or disabling a part of the body so the victim is deprived of the use of a limb or one of the senses.

Question 11

Disfigures

Answer 11

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

Question 12

R V RAPANA & MURRAY

Answer 12

Disfigurement does not necessarily involve the permanent injury or damage

Question 13

Grievous Bodily Harm

Answer 13

GBH can be defined simply as harm that is really serious.

Question 14

DPP V SMITH

Answer 14

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

Question 15

Stupefy R V STURM

Answer 15

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

Question 16

Render Unconscious

Answer 16

To cause to be rendered unconscious. Must cause victim to lose consciousness.

Question 17

Violent means

Answer 17

Includes the application of force that physically incapacitates a person

Question 18

Incapable of resistance R V CROSSAN

Answer 18

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

Question 19

List the Tops and sides for Aggravated Wounding

Answer 19

Aggravated Wounding
Sec 191 (1) (a) (b) or (c) CA61 14 years
1.1 With Intent
a) To commit OR Facilitate the commission of any imprisonable offence

OR

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

OR

c) To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
1. 2 Wounds

OR Maims

OR Disfigures

OR Causes GBH

OR Stupefies

OR Render unconscious

OR By any violent means Incapable of resistance

1.3 Any person

Question 20

List the Tops and sides for Aggravated Injuring

Answer 20

Aggravated Injuring

Sec 191 (2) C.A 61 7 years

1. 1 With Intent
   a) To commit OR Facilitate the commission of any imprisonable offence

OR

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

OR

c) To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
1. 2 Injures
1. 3 Any person

Question 21

Injure Sec 2 CA1961

Answer 21

To injure means to cause actual bodily harm

Question 22

R V DONOVAN

Answer 22

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 be more than merely transitory or trifling/

Question 23

List the tops and sides for Injuring with Intent to cause GBH

Answer 23

Injuring with intent to cause GBH

Sec 189 (1) C.A 61 Penalty 10 years

1. 1 With intent to cause GBH
2. 2 To any person
3. 3 Injures
4. 4 Any person

Question 24

List the tops and sides for Injuring with intent to injure

Answer 24

Injuring with intent to injure

Sec 189 (2) C.A 61 Penalty 5 years

1.1 With intent to injure

OR

with reckless disregard for the safety of others

1. 2 Injures
2. 3 Any person

Question 25

List the tops and sides for wounding with intent to injure

Answer 25

Wounding with intent to injure Sec 188 (2) C.A 61 Penalty 7 years 1.1 With intent to injure OR with reckless disregard for the safety of others 1.2 Wounds or Maims or Disfigures or Causes GBH 1.3 To any person

Question 26

List the tops and sides for wounding with intent to cause GBH

Answer 26

Wounding with intent to cause GBH Sec 188 (1) C.A 61 Penalty 14 years 1.1 With intent to cause GBH OR with reckless disregard for the safety of others 1.2 Wounds or Maims or Disfigures or Causes GBH 1.3 To any person

Question 27

R V TAISALIKA

Answer 27

The nature of the blow and the gash which it produced | on the complainants head would point strongly to the presence of the necessary intent.

Question 28

Intent

Answer 28

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

Question 29

R V MOHAN

Answer 29

A decision to bring about in so far as it lies with the accused power the commission of the offence

Question 30

R V WAAKA

Answer 30

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Question 31

Reckless Disregard for the safety of others

Answer 31

Acting recklessly involves consciously and deliberately taking an unjustifiable risk.

Question 32

R V HARNEY

Answer 32

Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course regardless of the risk.