Serious Assault Case Law

Question 1

R v Taisalika

Answer 1

Intent:
The nature of the blow and the gash it produces on the victims head, points strongly to the presence of necessary intent.

Question 2

DPP v Smith

Answer 2

Bodily harm/Grievous:
Bodily harm needs no explanation.
Grievous means no more and no less, ‘really serious’.

Question 3

R v Waters

Answer 3

Wounds:
The breaking of skin is regarded as a sign of a wound.
The breaking of skin normally has a flow of blood.
At the site of the blow or impact, the wound will more often than not be external.
In some cases the bleeding is internal.

Question 4

R v Rapana and Murray

Answer 4

Disfigures:

Disfigures not only covers permanent damage but also temporary damage.

Question 5

R v Donovan

Answer 5

Bodily Harm:
Bodily harm includes the 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 or trifling.

Question 6

R v Harney

Answer 6

Recklessness:
Recklessness is the conscious, deliberate taking of unjustified risk. In NZ this involves the proof that the consequence complained of, could well happen, together with the intention to continue on the course of conduct, regardless of risk.

Question 7

R v Tihi

Answer 7

Agg Assault, sec 191 (1) a-c:
In addition to one of the specified intents in paragraph a,b or c, it must be shown that the offender either meant to cause the specified harm or foresaw that his actions would likely expose others to the risk of suffering it.

Question 8

R v Sturm

Answer 8

Section 191 (1)(a):
Under section 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

Question 9

R v Wati

Answer 9

Proof of Crime:
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 10

R v Sturm

Answer 10

Stupefies:
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 a way which might hinder an intended crime.

Question 11

R v Crossan

Answer 11

Incapable of resisting:

Incapable of Resistance includes a Powerlessness of will as well as a physical incapacity.