Case Law Assault Flashcards
What is “Mens Rea”
the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
What is “Actus Reus”
action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
Queen V Taisalika
Assault Intent
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
DDP v Smith (1961)
Bodily Harm
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
Queen V Harpur (2010)
Attempts
“In assessing the conduct there must be a full evaluation in terms of time, place and circumstance” what remains to be done is always relevant but not determinative. The Court is permitted to focus more on the quality of the defendants acts and the time place and circumstances in which they occurred, and less on abstract tests of preparation in proximity.
Queen V Waters (1979)
Wounds
“The breaking of the skin would be commonly regarded as a characteristic of a wound.” “The breaking of the skin will be normally evidenced by a flow of blood, and then it’s occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissue maybe internal.”
Queen V Ratana and Murray (1988)
Disfigure
The word “disfigure” covers not only permanent damage but also temporary damage.
Queen v Harney (1987)
Recklessness
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof of the consequences complained of could will happen, together with an intention to continue the course of conduct regardless of the risk.
R v Donovan (1934)
Bodily harm
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 in trifling.
Queen V Tihi (1989)
Two fold test Assault Intent
Sec 191
In addition to one of the specific intensified and paragraphs A, B or C “it must be shown that the offender either meant to cause the specific harm or foresaw that the actions undertaken by him would like to expose others to the risk of suffering it”
Queen V Strum (2007)
Stupefy
To “stupefy” means to cause and affect on the mind or nervous system other person which really seriously interferes with that person’s mental or physical ability to act in anyway which might in there and intended crime.
Queen V Crossan (1943)
Incapable of resistance
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
R V Wati (1985)
Facilitate flight
There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person who’s arrest or flight he intends to avoid or facilitate.
