Serious Assaults Case Law

Question 1

R v Taisalika

Answer 1

Intent (Serious Assaults)

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

Question 2

R v Collister

Answer 2

Intent.

Circumstantial evidence from which an offenders intent may be inferred can include -

The offenders actions and words before, during and after the event

The surrounding circumstances

The nature of the act itself

Question 3

DPP v Smith

Answer 3

GBH.

‘Bodily Harm’ needs no explanation and ‘grevious’ means no more than ‘really serious’

Question 4

R v Waters

Answer 4

Wound.

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

Question 5

R v Rapana and Murray

Answer 5

Disfigures.

Disfigures covers not only permanent damage but also temporary damage

Question 6

R v McArthur

Answer 6

Injures.

“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 transitory and trifling

Question 7

Cameron v R

Answer 7

Recklessness.

It is established if

a) the defendant recognised that there was a real possibility that:

i) his or her actions would bring about the proscribed result
ii) that the proscribed circumstances existed

b) having regard to the risk those actions were unreasonable

Question 8

R v Tipple

Answer 8

Recklessness

Recklessness requires an offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

Question 9

R v Wati

Answer 9

Relates to aggravated wounding.

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 10

R v Tihi

Answer 10

In addition to one of the specific intents outlined in paragraphs (a) - (c), it must be shown that the offender 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 11

R v Sturm

Answer 11

Stupefy.

Means 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 anyway which might hinder an intended crime

Question 12

R v Crossan

Answer 12

Incapable of resistance.

It includes powerlessness of the will as well as a physical incapacity. Taking away and detaining are seperate and distinct offences.