Serious Assaults Liabilities

Question 1

Wounding with intent

Answer 1

s188(1) Crimes Act 1961
Everyone who
with intent to cause GBH
to any one
wounds, maims, disfigures or causes GBH
to anyone

s188(2) Crimes Act 1961
Everyone who
with intent to injure anyone
or
with reckless disregard for the safety of others
wounds, maims, disfigures or causes GBH
to any person

Question 2

Intent

Answer 2

2 parts, a deliberate act or omission and an intent to produce a specific result

Question 3

Proving Intent in serious assault cases

Answer 3

prior threats
evidence of premeditation
use of a weapon
was weapon opportunistic or purposely brought
number of blows
degree of force used
body parts targeted (i.e. head)
degree of resistance or helplessness of the victim (i.e. unconscious)

Question 4

R v TAISALIKA

Answer 4

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

Question 5

Degree of Harm

Answer 5

Wounding, maiming or disfiguration need not be grievous, in in causing that harm the defendant had the intent to cause really serious harm.

Question 6

DPP v SMITH

Answer 6

“Bodily Harm” needs no explanation and “grievous” means no more and no less than “really serious”

Question 7

R v WATERS - flowing water

Answer 7

Wounding is a breaking of the skin, evidenced by the flow of blood. Can also be internal bleeding.

Question 8

Wounds

Answer 8

bleeding

Question 9

Maim

Answer 9

mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or a sense.

Question 10

Disfigure

Answer 10

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

Question 11

R V RAPANA and MURRAY

Answer 11

the word “disfigure” overs permanent and temporary damage

Question 12

The doctrine of transferred Malice

Answer 12

the person suffering the harm need not be the intended victim

Question 13

Injure

Answer 13

to cause actual bodily harm

Question 14

R v DONOVAN

Answer 14

Bodily Harm - includes any hurt or injury that interferes with the health or comfort of the victim. Doesn’t need to be permanent but needs to be more than trifling

Question 15

Recklessness

Answer 15

consciously and deliberately taking an unjustified risk

Question 16

R v HaRney

Answer 16

Recklessness means the concious and deliberate taking of an unjustified risk

Question 17

Injuring with intent

Answer 17

s189(1) Crimes Act 1961
Everyone who
with intent to cause GBH to anyone
injures
any person

s189(2) Crimes Act 1961
Everyone who
with intent to injure anyone 
or
with reckless disregard for the safety of others
injures 
any person

Question 18

Aggravated Wounding or Injury

Answer 18

s191(1) Crimes Act 1961
Everyone who
with intent
(a) To commit or facilitate the commission of any imprisonable offence
or
(b) To avoid detection of himself or any other person in the commission of any imprisonable offence
or
(c) To avoid arrest or facilitate flight of himself or any other person upon commission or attempted commission of any imprisonable offence
wounds, maims or disfigures or causes GBH to any person
or stupefies or renders unconcious any person
or
by any violent means renders any person incapable of resistance

s191 (2) Crimes Act 1961
as above but injures

Question 19

R v TIHI

Answer 19

in addition to the specific intents in a, b , c of s191, it also 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 20

Facilitate

Answer 20

to make possible or easier to commit the imprisonable offence, it is immaterial whether he actually commits the intended offence

Question 21

R v WATI

Answer 21

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 22

R v STURM

Answer 22

to 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 any way which might hinder an intended crime

Question 23

Renders unconcious

Answer 23

cause to be or to become unconcious

Question 24

Aggravated Assault

Answer 24

s192(1) Crimes Act 1961
Everyone who
assaults
any person
with intent-
(a) To commit or facilitate the commission of any imprisonable offence
(b) To avoid detection of himself or any other person in the commission of any imprisonable offence
or
(c) To avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of an
imprisonable offence

s192(2) Crimes Act
Everyone who assaults
any Constable
or
any person acting in aid of any constable
or
any person in the lawful execution of any process
with intent to obstruct
the person so assaulted in the execution of his duty

Question 25

Proving Aggravated Assault

Answer 25

Prove assault All three: intention to apply or attempt to apply force application or attempted application of force (directly or indirectly) threat to apply force in circumstances where the victim believes the offender will be able to carry out the threat then Prove Intent to commit, help to commit, avoid detection or arrest, or facilitate flight after committing an imprisonable offence

Question 26

Discharging firearm or doing dangerous Act with intent

Answer 26

``` s198(1) Crimes Act Everyone who with intent to do GBH (a) Discharges any firearm, airgun or similar weapon at any person or (b) Sends or delivers to any person, or puts in any place, any explosives or injurious substance or device or (c) Sets fire to any property ``` ``` s198(2) Crimes Act With intent to Injure or with reckless disregard for the safety of others does any of (a), (b) or (c) ```

Question 27

R v PEKEPO

Answer 27

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient. An intention to shoot that person must be established.

Question 28

Firearm

Answer 28

defined by s2 Arms Act 1983

Question 29

When is offence complete for s198

Answer 29

(a) when the firearm actually discharges (b) when the explosives/injurious substance/Device is sent/delivered or put in place. However it must have the capacity to explode or cause injury.

Question 30

Property

Answer 30

s2 Crimes Act 1961 Property includes real and personal property, any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action and any other right or interest

Question 31

Using any firearm against law enforcement officer

Answer 31

s198A(1), Crimes Act 1961 Everyone who uses any firearm in any manner whatever against any constable, traffic officer, prison officer acting in the course of his or her duty knowing that or being reckless whether or not that person is a member of the Police, a traffic officer, or a prison officer ``` s198A(2) Crimes Act 1961 Everyone who uses any firearm in any manner whatever with intent to resist lawful arrest/detention of himself or any other person ```

Question 32

R v SWAIN

Answer 32

The deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of s198A Crimes Act 1961

Question 33

Police v PARKER

Answer 33

using a firearm also includes using it in a way not normally used, i.e. as a club

Question 34

Knowing

Answer 34

The defendant must know the victim is a police officer and know that the officer is acting in the course of his duty. or to be reckless as to those facts knowing means knowing or correctly believing... the defendant may believe something wrongly but cannot "know" something that is false.

Question 35

FISHER v R

Answer 35

It is necessary in order to establish a charge under s198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established

Question 36

Commission of an imprisonable offence with a firearm

Answer 36

s198B(1) Crimes Act 1961 Everyone who (a) In committing an imprisonable offence uses any firearm or (b) while committing any imprisonable offence, has any firearm with him or her in circumstance that prima facie show an intention to use it in connection with that imprisonable offence

Question 37

Has with him/her

Answer 37

Both a physical and mental component must be proved. Physical requires physical custody or control. This can be actual or potential Mental is a combination of both knowledge that the person possess the item and an intention to possess it.