Serious Assaults

Question 1

Case Law related to

with intent to cause GBH

Answer 1

R v Taisalika
The nature of the blow and the gash which is produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 2

Define GBH

Answer 2

Harm that is really serious

Question 3

Case Law related to GBH

Answer 3

DPP v Smith

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

Question 4

Person

Answer 4

Gender neutral, proved by judicial notice or circumstantial evidence.

Question 5

Case Law relating to a wound

Answer 5

R v Waters
A breaking on the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal

Question 6

Define Maims

Answer 6

Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. Need to be some degree of permanence

Question 7

Define Disfigures

Answer 7

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

Question 8

Case law related to disfigures

Answer 8

R v Rapana and Murray

The word disfigures covers not only permanent damage but also temporary damage

Question 9

Case law relating to the three intents of agg wounding

Answer 9

R v Tihi
In addition to one of the specific intents outlined in paragraph (a) (b) (c) it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it

Question 10

Define (a) Facilitate the commission

Answer 10

to make possible or to make easy or easier

Question 11

Define (b) avoid detection

Answer 11

offences under section 191(1)(b) arise during the commission of an imprisonable offence where the offender causes the specified harm to prevent himself or another person from being caught in the act

Question 12

Case Law relating to committing or facilitating the commission of an imprisonable offence

Answer 12

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

Question 13

Define (c) facilitate escape

Answer 13

To make possible or to make easy or easier. The specified harm is caused to enable the offender(s) to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprionsable offence.

Question 14

Case Law relating to with intent to avoid arrest or facilitate flight of himself or any other person upon the commission of any imprisonable offence

Answer 14

R v Wati
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 intents to avoid or facilitate.

Question 15

Case Law relating to stupifies

Answer 15

R v Sturm
means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physcial ability to act in any way which mught hinder an intended crime

Question 16

Define render unconscious

Answer 16

To render a person unconscious, the offenders actions must cause the victim to lose consciousness

Question 17

Define Any violent means

Answer 17

includes the application of force that physcially incapacitates a person

Question 18

Case Law relating to any violent means

Answer 18

R v Crossan

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

Question 19

Case law relating to Recklesness

Answer 19

R v Harney
Recklessness is the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen together with an intention to continue the course of conduct regardless of risk

Question 20

With reckless disregard for others safety

Answer 20

While it is necessary to prove that the defendant foresaw the risk to injury to others, it is not necessary that he recognises the extent of the injury that would result

Question 21

Case law relating to injure

Answer 21

R v Donovan
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It doesn’t need to be permanent but needs to be more than merely trifling

Question 22

Injure

Answer 22

S2 CA 1961

means to cause actual bodily harm

Question 23

Imprisonable offence

Answer 23

an offence punishable by imprisonment for life or for a term of imprisonment.