Definitions - Serious Assaults

Question 1

Proving intent

Answer 1

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

Question 2

Grievous bodily harm (GBH)

Answer 2

Harm that is really serious

Question 3

Maiming

Answer 3

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

Question 4

Disfigure

Answer 4

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

Question 5

Injure

Answer 5

To cause actual bodily harm

Question 6

Recklessness

Answer 6

Consciously and deliberately taking an unjustifiable risk

Question 7

Proving intent - Aggravated Wounding/Injuring

relates to R v Tihi

Answer 7

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.

Question 8

Facilitate

Answer 8

To make possible or the make easier

Question 9

Avoid detection

Answer 9

To prevent himself or another person from being “caught in the act”

Question 10

Facilitate flight

Answer 10

To enable the offender(s) to more easily make their escape or prevent their capture

Question 11

Stupifies

Answer 11

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

Question 12

Render

Answer 12

“cause to be” or “cause to become”

Question 13

Violent means

Answer 13

The application of force that physically incapacitates a person. May include threats of violence, depending on the circumstances

Question 14

Rendered incapable of resistance

Answer 14

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

Question 15

Intent - Aggravated Assault

Answer 15

(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

Question 16

Intent - Discharges firearm etc

Answer 16

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.

Question 17

Discharge

Answer 17

Means to fire or shoot

Question 18

Firearm

Answer 18

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

Question 19

Injurious substance or device

Answer 19

Things capable of causing harm to a person

Question 20

Constable - definition

Answer 20

Holds the office of Constable within NZ Police

Question 21

“Uses any firearm”

Section 198B, Crimes Act 1961

Answer 21

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

Question 22

“Has with him”

Answer 22

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

Question 23

Section 66, Arms Act

Answer 23

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.

Question 24

Actual bodily harm

Answer 24

May be internal or external and need not be permanent or dangerous. Can include psychiatric injury

Question 25

“Uses in any manner whatever”

Section 198A, Crimes Act 1961

Answer 25

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