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DDP > Serious Assaults > Flashcards

Serious Assaults Flashcards

1
Q

Wounding with Intent to cause GBH

A

CA 61, s188(1)

  1. With intent to cause Grievous bodily harm
  2. To any person
  3. Wounds OR mains OR disfigured OR Causes GBH
  4. To any person
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2
Q

Wounding with intent to injure (reckless disregard)

A

CA 61
s188(2)
7 years

  1. With intent to injure any person
    OR
    With reckless disregard for the safety of others
  2. Wounds OR maims OR disfigures OR causes GBH
  3. To any person
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3
Q

Injuring with intent (GBH)

A

CA 61
S 189(1)
10 years

  1. With intent to cause Grievous bodily harm
  2. To any person
  3. Injures
  4. Any person
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4
Q

Injuring with intent to injure (Reckless disregard)

A

CA 1961
S 189(2)
5 years

  1. With intent to injure any person
    OR
    With reckless disregard for the safety of others
  2. Injures
  3. Any person
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5
Q

Aggravated Wounding

A

CA 61
S 191(1)(a) or (b) or (c)
14 years

  1. With intent to:
    (a) commit or facilitate the commission of any imprisonable offence
    OR
    (b) Avoid detection of him/herself or of any other person in the commission of any imprisonable offence
    OR
    (c) avoid arrest or facilitate flight of him/herself or of any other person upon the commission or attempted commission of any imprisonable offence
  2. Wounds OR Maims OR Disfigures OR Causes GBH to any person
    OR
    Stupifies OR Renders unconscious any person
    OR
    By any violent means renders any person incapable of resistance
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6
Q

Serious Assault Case Law - s188(1)&(2) and 189(1)&(2)

A 
Taisalika - intent
Waters - wounds
Smith - GBH
McArthur - injury/bodily harm
Donovan - bodily harm
Rapana and Murray - disfigures
Harney - recklessness
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7
Q

Aggravated Wounding Case Law - 191(1)(a)or(b)or(c)

A 
Tihi - aggravated intention
Strum - stupefies / intended crime
Taisalika - necessary/aggravated intent
Wati - proof of crime
Waters - wounds
Rapana and Murray - disfigures 
Smith - GBH
Crossan - incapable of resistance
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8
Q

R v Tihi

A

to fold test for intent -

  1. Intent to facilitate commission of imprisonable offence or offences A-C
  2. Intended to cause specified harm or was reckless
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9
Q

Aggravated Injuring Case Law - 191(2)(a)or(b)or(c)

A 
Tihi - aggravated intention
Taisalika - necessary intent 
Strum - 
Wati - proof of crime
McArthur and/or Donovan - bodily harm
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10
Q

Aggravated injuring

A

CA 61
s191(2)(a)or(b)or(c)
7 years

  1. With intent to:
    (a) commit or facilitate the commission of any imprisonable offence
    OR
    (b) Avoid detection of him/herself or of any other person in the commission of any imprisonable offence
    OR
    (c) avoid arrest or facilitate flight of him/herself or of any other person upon the commission or attempted commission of any imprisonable offence
  2. Injures
  3. Any person
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11
Q

R v Donovan/R v McArthur - Bodily Harm

A

Any hurt or injury calculated to interfere with the health and comfort of the victim. Need not be permanent but more than transitory or trifling.

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12
Q

R v Wati - proof of crime

A

Imprisonable offence -
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/she intents to avoid or facilitate

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13
Q

R v Taisalika - necessary intent

A

The nature of the blow (act) and gash (injury/wound) which it produced points strongly to the presence of the necessary intent

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14
Q

Intent

A

In a criminal law context there are two specific types of intention in an offence:

  1. Must be an intention to commit the act, and
  2. Intention to get a specific result
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15
Q

R v Strum - Stupifies

A

Stupefy means to cause an effect on the mind or nervous system of a person, which rely seriously interferes with their mental or physical ability to act in any way which might hinder an intended crime

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16
Q

DPP v Smith - GBH (harm that is really serious)

A

BH needs no explanation and Grievous means no more or no less than “really serious”

17
Q

R v Rapana and Murray - Disfigures means to “deform or deface; to alter the figure or appearance of a person”.

A

‘Disfigures’ covers “not only permenant damage but also temporary damage”

18
Q

R v Waters - wounds

A

A wound is the breaking of the skin as evidenced by the flow of blood at the site of the blow or impact. Normally external but can be internal (separation of tissue)

19
Q

R v Harney - recklessness

A

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ involves proof that the consequences complained of could well happen, together with an Intention to continue the course of conduct regardless of the risk

DDP (10 decks)

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