Definitions - Serious Assaults Flashcards
Proving intent
Intent can be proven by circumstantial evidence and can be inferred from:
- The offender’s actions and words before, during and after the event
- The surrounding circumstances
- Nature of the act itself
Grievous bodily harm (GBH)
Harm that is really serious
Maiming
Involves mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses
Disfigure
To deform or deface; to mar or alter the figure or appearance of a person
Injure
To cause actual bodily harm
Recklessness
Consciously and deliberately taking an unjustifiable risk
Proving intent - Aggravated Wounding/Injuring
relates to R v Tihi
Must satisfy the two-fold intent test.
(1) The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in a, b or c)
(2) The defendant intended to cause the specified harm, or was reckless as to that risk.
Facilitate
To make possible or the make easier
Avoid detection
To prevent himself or another person from being “caught in the act”
Facilitate flight
To enable the offender(s) to more easily make their escape or prevent their capture
Stupifies
To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime
Render
“cause to be” or “cause to become”
Violent means
The application of force that physically incapacitates a person. May include threats of violence, depending on the circumstances
Rendered incapable of resistance
Circumstances that cause the victim to submit to the will of the offender in the belief that he will carry out his threat unless he/she does so
Intent - Aggravated Assault
(1) Prove the intent of the assault, and
(2) The offender intended, at the time of the assault, to:
- Commit an imprisonable offence or
-Help commit an imprisonable offence or
Avoid detection or arrest or
- Facilitate their flight or another’s flight after committing an imprisonable offence
Intent - Discharges firearm etc
In subsection (1) there must be an intention on the part of the defendant to shoot AT that person.
It is not necessary that the victim suffered actual bodily harm.
Discharge
Means to fire or shoot
Firearm
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive.
Includes anything that has been adapted to discharge a shot etc, anything that is not for the time being capable of discharging any shot etc but by its completion would be a firearm, any firearm which is for the time being dismantled or partially dismantled, and any specifically dangerous airgun.
Firearm acts by force of explosive.
Airgun acts by force of compressed air or gas
Injurious substance or device
Things capable of causing harm to a person
Constable - definition
Holds the office of Constable within NZ Police
“Uses any firearm”
Section 198B, Crimes Act 1961
Includes firing or presenting a firearm or displaying it in a menacing manner but may not extend to the use of the firearm as a club
“Has with him”
Offender must knowingly have the firearm with them - mere possession is insufficient. There must be evidence that the firearm was available and at hand for the defendant to use
Section 66, Arms Act
Every person in occupation of any land/building or the driver of any vehicle in which a firearm, airgun, pistol, imitation firearm, restricted weapon or explosive is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm etc.
Unless he proves that it was not his property and that it was in the possession of some other person.
Actual bodily harm
May be internal or external and need not be permanent or dangerous. Can include psychiatric injury
“Uses in any manner whatever”
Section 198A, Crimes Act 1961
Includes using the firearm so as to discharge it, present it, handling it in a manner which conveys an implied threat, use of a firearm as a club etc
