Serious Assaults - Definitions

Question 1

Intent

Answer 1

There must be an intention:

• To commit the act deliberately, and
• To get a specific result

The act must be done deliberately

R v TAISALIKA and R v COLLISTER relate

Question 2

What is serious assault?

Answer 2

Serious assaults vary in nature and degree, and to determine the appropriate charge a serious assault investigation will generally focus on establishing two things:

• The intent of the offender, and
• The degree of harm suffered by the victim eg outcome

Question 3

GBH

Answer 3

Really serious harm

Question 4

Wounds

Answer 4

Breaking of the skin evidenced by the flow of blood. May be internal or external.

R v WATERS relates

Question 5

What is the difference between 188(1) and 188(2)?

Answer 5

The offenders intent

Question 6

What is the difference between 189(1) and 189(2)?

Answer 6

The offenders intent

Question 7

Maims

Answer 7

Deprive the victim of the use of a limb or of one of the senses.

Needs to be some degree of permanence.

Question 8

Disfigures

Answer 8

To deform or deface; to alter the figure or appearance of a person.

Question 9

Doctrine of transferred malice

Answer 9

It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally.

Eg. Goes to punch stevie. She ducks and the punch connects with Amber.

Question 10

Proving intent

Answer 10

Circumstantial evidence from which an offender’s intent may be inferred can include:

• The offender’s actions and words before, during and after the event.
• The surrounding circumstances.
• The nature of the act itself.

Question 11

Person

Answer 11

Accepted by judicial notice or proved by circumstantial evidence.

Eg. Stevie is a person and the victim in this matter.

Question 12

Reckless disregard for the safety of others

Answer 12

Acting ‘recklessly’ involves the conscious and deliberate taking of an unjustified risk.

R v CAMERON relates

Question 13

Wounds vs GBH

Answer 13

The terms ‘wounds’, ‘maims’ and ‘disfigures’ refer to type of injury caused. Whereas the term ‘gervious’ refers to the degree or seriousness of the injury.

Question 14

Actual bodily harm

Answer 14

May be internal or external and need not be permanent or dangerous.

Question 15

Difference between 191(1) and 191(2)

Answer 15

Injury. (2) is lesser.

Relates to aggravated wounding.

Question 16

Facilitate

Answer 16

Make possible or make easy/easier.

Question 17

Imprisonable offence

Answer 17

Offence punishable by imprisonment

Question 18

Stupifies

Answer 18

Induce a state of stupor to make stupid, groggy or insensible; to dull the senses or faculties.

R v STURM relates

Question 19

Renders unconscious any person

Answer 19

To ‘render’ means to ‘causes to be’ or ‘cause to become’.

The offenders actions must cause the victim to lose consciousness.

Question 20

Violent means

Answer 20

Is not limited to physical violence and may include threats of violence, depending on the circumstances.