Serious Assaults

Question 1

Section 188(1), Crimes Act 1961

Answer 1

WOUNDING WITH INTENT
Section 188(1), Crimes Act 1961
• With intent to cause grievous bodily harm
• To any person
• Wounds or maims or disfigures or causes grievous bodily harm
• To any person

Question 2

Section 188(2), Crimes Act 1961

Answer 2

WOUNDING WITH INTENT
Section 188(2), Crimes Act 1961
• With intent to injure any person or with reckless disregard for the safety of others
• Wounds or maims or disfigures or causes grievous bodily harm
• To any person

Question 3

Section 189 (1), Crimes Act 1961

Answer 3

INJURING WITH INTENT
Section 189 (1), Crimes Act 1961
• With intent to cause grievous bodily harm
• To any person
• Injures
• Any person

Question 4

Section 189 (2), Crimes Act 1961

Answer 4

INJURING WITH INTENT
Section 189 (2), Crimes Act 1961
• With intent to injure any person or with reckless disregard for the safety of others
• Injures
• Any person

Question 5

R v Taisalika

Answer 5

“R V TAISALIKA 25/6/93, CA94/93
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.”

In R v Taisalika5, the defendant crashed a party, and in an unprovoked attack struck another
party-goer on the side of the head with a glass. The glass shattered, causing a serious gash to the
victim’s temple and multiple cuts to his face.
Taisalika argued unsuccessfully that he had been so intoxicated he could not remember the
incident and therefore he could not have had the necessary intent. The Court held that loss of
memory of past events is not the same as lack of intent at the time.

Question 6

WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS

Answer 6

Acting ‘recklessly’ involves the conscious and deliberate taking of an unjustified risk.

Question 7

Recklessness - R V TIPPLE 22/12/05, CA217/05

Answer 7

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant
risk, and it may be said that it requires “a deliberate decision to run the risk”.

Question 8

Bodily Harm - R V MCARTHUR

Answer 8

“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 transitory and trifling.

Question 9

GRIEVOUS BODILY HARM

Answer 9

Grievous bodily harm can be defined simply as ‘harm that is really serious’.

Question 10

GBH - DPP V SMITH

Answer 10

‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.

Question 11

Wounds - R V WATERS (1979) 1 NZLR 375

Answer 11

R V WATERS (1979) 1 NZLR 375
A wound is a ‘breaking of the skin evidenced by the flow of blood. May be internal or external.

Question 12

Disfigures - R V RAPANA AND MURRAY (1988) 3 CRNZ 256

Answer 12

Disfigure covers not only permanent damage but also temporary damage.

Question 13

Define Injure

Answer 13

to injure means to cause actual bodily harm

Question 14

Intention to inflict bodily harm - R v Donovan (1934)

Answer 14

Where a person acts with intention to inflict bodily harm, whether the victim consents or not. It does not make an unlawful conduct lawful.

Question 15

SECTION 191(1)

Answer 15

Section 191(1), Crimes Act 1961

• With intent to:
(a) commit or facilitate the commission of any imprisonable offence; or

(b) avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence—

• wounds, or maims or disfigures or causes grievous bodily harm to any person,

or

stupefies or renders unconscious any person,

or

by any violent means renders any person incapable of resistance.

Question 16

AGGRAVATED WOUNDING - R V TIHI (1989)

Answer 16

In addition to one of the specific intents outlined in paragraphs (a) – (c) it must be shown that the offender meant to cause the specified harm or was reckless to its possability.

Question 17

AGGRAVATED WOUNDING - R V STURM [2007]

Answer 17

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

Question 18

AGGRAVATED - R v Wati [1985]

Answer 18

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 19

Stupefy - R v Sturm [2007]

Answer 19

To 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 any way which might hinder an
intended crime.

Question 20

R v Crossan [1943]

Answer 20

“Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.”

It was held that a mere threat may not in itself be sufficient to constitute “violent means”, but
when the person making the threat is brandishing a loaded revolver in circumstances that cause
the victim to submit to his will in the belief that he will carry out his threat unless she does so, it
can be said that she was rendered incapable of resistance by violent means just as effectually as if
she were physically incapable.

Question 21

R v Collister [1955]

Answer 21

Circumstantial evidence from which an offender’s
intent may be inferred can include:

• the offender’s actions and words before,
during and after the event

• the surrounding circumstances
• the nature of the act itself

Question 22

Cameron v R [2017]

Answer 22

Recklessness is established if:

(a) the defendant recognised that there was a real
possibility that:

(i) his or her actions would bring about the
proscribed result; and/or

(ii) that the proscribed circumstances existed; and

(b) having regard to that risk those actions were
unreasonable

Question 23

Define Intent

Answer 23

There must be an intention: • to commit the act, and • to get a specific result. ‘Intent’ means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

Question 24

Define Maims

Answer 24

Deprive the victim of the use of a limb or of one of the senses. needs to be some degree of permanence.

Question 25

Define Disfigures

Answer 25

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

Question 26

“R V TAISALIKA 25/6/93, CA94/93
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.”

In R v Taisalika5, the defendant crashed a party, and in an unprovoked attack struck another
party-goer on the side of the head with a glass. The glass shattered, causing a serious gash to the
victim’s temple and multiple cuts to his face.
Taisalika argued unsuccessfully that he had been so intoxicated he could not remember the
incident and therefore he could not have had the necessary intent. The Court held that loss of
memory of past events is not the same as lack of intent at the time.

Answer 26

R v Taisalika

Question 27

Recklessness requires that the offender know of, or have a conscious appreciation of the relevant
risk, and it may be said that it requires “a deliberate decision to run the risk”.

Answer 27

Recklessness - R V TIPPLE 22/12/05, CA217/05

Question 28

“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 transitory and trifling.

Answer 28

Bodily Harm - R V MCARTHUR

Question 29

‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.

Answer 29

GBH - DPP V SMITH

Question 30

R V WATERS (1979) 1 NZLR 375
A wound is a ‘breaking of the skin evidenced by the flow of blood. May be internal or external.

Answer 30

Wounds - R V WATERS (1979) 1 NZLR 375

Question 31

Disfigure covers not only permanent damage but also temporary damage.

Answer 31

Disfigures - R V RAPANA AND MURRAY (1988) 3 CRNZ 256

Question 32

To 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 any way which might hinder an
intended crime.

Answer 32

Stupefy - R v Sturm [2007]

Question 33

“Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.”

It was held that a mere threat may not in itself be sufficient to constitute “violent means”, but
when the person making the threat is brandishing a loaded revolver in circumstances that cause
the victim to submit to his will in the belief that he will carry out his threat unless she does so, it
can be said that she was rendered incapable of resistance by violent means just as effectually as if
she were physically incapable.

Answer 33

R v Crossan [1943]

Question 34

Circumstantial evidence from which an offender’s
intent may be inferred can include:

• the offender’s actions and words before,
during and after the event

• the surrounding circumstances
• the nature of the act itself

Answer 34

R v Collister [1955]

Question 35

Recklessness is established if:

(a) the defendant recognised that there was a real
possibility that:

(i) his or her actions would bring about the
proscribed result; and/or

(ii) that the proscribed circumstances existed; and

(b) having regard to that risk those actions were
unreasonable

Answer 35

Cameron v R [2017]

Question 36

Aggravated Assault (1) Act, Section, Elements

Answer 36

Aggravated Assault - Section 192(1) CA1961

Assaults any person

With intent to:

(a) Commit or facilitate the commission of any imprisonable offense; or
(b) Avoid detection of himself or any other person in the commission of any imprisonable offense; or
(c) Avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offense.

Question 37

Aggravated Assault (2) Act, Section, Elements

Answer 37

Aggravated Assault Section 192(2) CA1961

• Assaults
• Any Constable or
• Any person acting in the aid of any Constable, or
• any person in the lawful execution of any process
• With intent to obstruct the person so assaulted in the execution of his duty.

Question 38

Elements of Assault

Answer 38

• Intentionally applying or attempting to apply force to the person of another, directly or indirectly, or
• Threatening by any act or gesture to apply force to the person of another, in circumstances where the victim believes the offender will be able to carry out the threat.