LAW1114 Lecture Notes - Lecture 8: Crimes Act 1958, Body Modification, Common Assault
TOPIC&5:&NON-FATAL&NON-SEXUAL&OFFENCES&AGAINST&
THE&PERSON&
Offences'against'the'person:'Statutory'offences'under'the'Crimes'Act'1958'(Vic)'
(B)$FAULT/MENTAL$ELEMENTS$OF$CAUSING$OR$THREATENING$INJURY$
(i)$Fault/mental$elements$of$causing$or$threatening$injury$$
R v Westaway
(1991) 52 A Crim R 336
• Parties: Westaway (appellant); R (respondent)
• Jurisdiction: Court of Criminal Appeal, Supreme Court of Victoria
• Material facts:
o The appellant caused serious injury on a child
o The appellant was convicted for intentionally causing serious injury on a child
• Legal issue: Whether the trial judge’s direction that the intention to do the act that caused serious injury
on the child is enough to satisfy intention to do serious injury to a child
• Held (findings): Appeal allowed and a new trial ordered
o The serious injury must be caused must be intentional
(ii)$Recklessness$
R v Campbell [1997] 2 VR 585
• Parties: Fagan (appellant); R (respondent)
• Jurisdiction: Court of Appeal, Supreme Court of Victoria
• Material facts:
o The appellant had been arguing with his companion in the parking lot and 3 men stepped in to
intervene
o A gun belonging to the accused discharged seriously injuring one of the 3 men
o The accused was convicted with recklessly causing serious injury
• Legal issue: Whether ‘might’ or ‘possibility’ tests used by the prosecution are appropriate tests for intent
• Held (findings): Appeal allowed and a new trial ordered
o The tests sited are relatively old and consider repealed acts of unlawful and malicious wounding or
unlawful and malicious infliction of GBH
§
Crabbe:
Such cases should not be applied to the offence of recklessly causing injury
o
Nuri
used a test of probability in a kindred section to this case and it must be the case that all relevant
sections in the group must bear the same interpretation
(C)$OTHER$OFFENCES$AGAINST$THE$PERSON$
(ii)$Stalking$
Waller & Williams [2.1]: Stalking
• Following or otherwise showing repeated unwanted attention to another, in circumstances which arouse
reasonable fear or apprehension in the person being stalked
• Two-fold danger of stalking:
o Fear caused by the practice
o Precursor to serious violence
