SERIOUS ASSAULTS

Question 1

R V TAISALIKA

Answer 1

THE NATURE OF THE BLOW AND THE GASH WHICH IT PRODUCED ON THE COMPLAIANTS HEAD WOULD POINT STTONGLY TO THE PRESENCE OF THE NECESSARY INTENT

Question 2

DPP V SMITH

Answer 2

BODILY HARM NEEDS NO EXPLANATION AND GREVIOUS MEANS NO MORE AND NO LESS THAN REALLY SERIOUS HARM

Question 3

R V WATERS

Answer 3

A BREAKING OF THE SKIN WOULD NORMALLY BE EVIDENCED BY A FLOW OF BLOOD.

THE WOUND WILL MORE OFTEN THAN NOT BE EXTERNAL BUT THERE ARE CASES WHERE BLEEDING AND SEPARATION OF TISSUES MAY BE INTERNAL.

Question 4

R V RAPANA AND MURRAY

Answer 4

THE WORD DISFIGURES COVERS NOT ONLY PERMANENT DAMAGE BUT ALSO TEMPORARY DAMAGE

Question 5

R V HARNEY

Answer 5

RECKLESSNESS MEANS THE CONSCIOUS AND DELIBERATE TAKKNG OF AN UNJUSTIFIED RISK. IN NEW ZEALAND IT INVOLVES PROOF THAT THE CONSEQUENCES COMPLAINED OF COULD WELL HAPPEN, TOGETHER WITH THE INTENTION TO CONTINUE THE COURSE OF CONDUCT REGARDLESS OF RISK

Question 6

R V DONOVAN

Answer 6

BODILY HARM INCLUDES ANY HURT OR INJURY CALCULATED TO INTERFERE WITH THE HEALTH OF COMFORT OF THE VICTIM, IT NEED NOT BE PERMANENT, BUT MUST BE MORE THAN TRANSITORY AND TRIFLING

Question 7

R V TIHI

Answer 7

RE AGGRAVATED WOUNDING

IN ADDITION TO THE INTENT OUTLINED IN PARAGRAPHS (a)(b)(c)

IT MUST BE SJOWN THAT THE OFFENDER MEANT TO CAUSE THE SPECIFIC HARM OR FORSAW THE ACTIONS TAKEN BY HIM WERE LIKELY TO EXPOSE OTHERS OF SUFFERING IT

Question 8

R V STURM

Answer 8

AGGRAVATED WOUNDIING

UNDER SECTION 191(1)(a)

UNDER SECTION 191(1)(a) it is not necessary for the prosecution to prove the intended crime was subsequently committed

Question 9

R V WATI

Answer 9

THERE MUST BE PROOF OF THE COMMISSION OR ATTEMPTED COMMISSION OF A CRIME EITHER BY THE PERSON COMMITING THE ASSAULT OR BY THE PERSON WHOSE ARREST OR FLIGHT HE INTENDS TO AVOID OR FACILITATE

Question 10

R V CROSSAN

Answer 10

INCAPABLE OF RESISTANCE INCLUDES A POWERLESSNESS OF THE WILL AS WELL AS A PHYSICAL INCAPACITY