Serious Assaults Flashcards
Section 188(1), Crimes Act 1961
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
Section 188(2), Crimes Act 1961
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
Section 189 (1), Crimes Act 1961
INJURING WITH INTENT
Section 189 (1), Crimes Act 1961
• With intent to cause grievous bodily harm
• To any person
• Injures
• Any person
Section 189 (2), Crimes Act 1961
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
R v Taisalika
“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.
WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS
Acting ‘recklessly’ involves the conscious and deliberate taking of an unjustified risk.
Recklessness - R V TIPPLE 22/12/05, CA217/05
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”.
Bodily Harm - R V MCARTHUR
“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.
GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as ‘harm that is really serious’.
GBH - DPP V SMITH
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.
Wounds - R V WATERS (1979) 1 NZLR 375
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.
Disfigures - R V RAPANA AND MURRAY (1988) 3 CRNZ 256
Disfigure covers not only permanent damage but also temporary damage.
Define Injure
to injure means to cause actual bodily harm
Intention to inflict bodily harm - R v Donovan (1934)
Where a person acts with intention to inflict bodily harm, whether the victim consents or not. It does not make an unlawful conduct lawful.
SECTION 191(1)
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.
AGGRAVATED WOUNDING - R V TIHI (1989)
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.
AGGRAVATED WOUNDING - R V STURM [2007]
Under section 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
AGGRAVATED - R v Wati [1985]
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
Stupefy - R v Sturm [2007]
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.
R v Crossan [1943]
“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.
R v Collister [1955]
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
Cameron v R [2017]
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
Define Intent
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.
Define Maims
Deprive the victim of the use of a limb or of one of the senses. needs to be some degree of permanence.
Define Disfigures
To deform or deface; to mar or alter the figure or appearance of a person
“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.
R v Taisalika
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”.
Recklessness - R V TIPPLE 22/12/05, CA217/05
“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.
Bodily Harm - R V MCARTHUR
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.
GBH - DPP V SMITH
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.
Wounds - R V WATERS (1979) 1 NZLR 375
Disfigure covers not only permanent damage but also temporary damage.
Disfigures - R V RAPANA AND MURRAY (1988) 3 CRNZ 256
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.
Stupefy - R v Sturm [2007]
“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.
R v Crossan [1943]
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
R v Collister [1955]
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
Cameron v R [2017]
Aggravated Assault (1) Act, Section, Elements
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.
Aggravated Assault (2) Act, Section, Elements
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.
Elements of Assault
- 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.
