Serious Assaults Flashcards
Define the key case law for ‘Intent’
RvTaisalika
The nature of the blow and gash which it produced would point strongly to the necessary intent
Define ‘Disfigures’
Deform or deface. Detracts from personal appearance of the victim.
Disfigure not only covers permanent damage but also temporary damage.
(R v Rapana and Murray)
What is the Doctrine of transferred malice?
The injured person need not be the intended person to be harmed. The offender is still liable under the doctrine of transferred malice
Give some examples of corroborative evidence to help prove intent?
Words or actions of the offender prior, during and after the event
The use of a weapon
Injures sustained (number of blows)
Evidence of premeditation
Define ‘Recklessness’ and provide case law.
R v Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.”
Define ‘Wound’ and provide case law.
The breaking of the skin and the flow of the blood is a wound. Could be internal or external.
R v Waters
Define ‘GBH’
means ‘Really serious harm’
DPP v Smith
Bodily harm needs no explanation and grievous means no more or no less than really serious.
Explain the difference between GBH and Wounds
GBH is the degree or seriousness of the ‘harm’
Wound is a type of harm. i.e one stab wound.
What are 3 ‘Intents’ of s191 CA61
(a) : To commit or facilitate the commission of any imprisonable offence
(b) : To avoid detection of any person in the commission of any imprisonable offence
(c) : To avoid arrest or facilitate the flight of any person upon the commission or the attempted commission of any imprisonable offence
Explain R v Tihi in relation to the offenders intent:
The defendant intended (a) (b) or (c)
And intended to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
Explain R v Crossan
Application of force that physically incapacitates a person.
Incapable of resistance included a powerlessness of the will as well as a physical incapacity
Define ‘stupefy’ (R v Sturm)
Cause an effect on the mind or nervous system which really seriously interferes with a persons mental or physical ability that might hinder an intended crime
Define ‘facilitate flight’ (R v Wati)
An imprisonable offence must have been committed or attempted before a person can be convicted of it
Define ‘actual bodily harm’ (R v Donovan)
Internal or external and need not be permanent or dangerous.
More than merely transitory and trifling
Define ‘maim’
Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or a sense.
Some degree or permanence
Wound with intent to cause GBH
s188(1) CA 1961,
With intent to cause GBH
To any person
Wounded/maimed/disfigured/caused GBH
Any person
What are the 3 intents of S191?
(a) : To commit or facilitate the commission of any imprisonable offence
(b) : To avoid detection of any person in the commission of any imprisonable offence
(c) : To avoid arrest or facilitate the flight of any person upon the commission or the attempted commission of any imprisonable offence
What is two fold intent test for S191?
R v Tihi
The defendant intended (a) (b) or (c)
And
intended to cause the specified harm or was reckless to that risk
Define stupefy
R v Sturm
To induce a state of stupor, to make stupid, groggy or insensible, or to dull the senses or faculties
Cause an effect on the mind or nervous system which really seriously interferes with a persons mental or physical ability that might hinder an intended crime
Define violent means
R v Crossan
Application of force that physically incapacitates a person.
Incapable of resistance included a powerlessness of the will as well as a physical incapacity
Define renders unconscious
Define renders unconscious
Render - Cause to be or Cause to become.
renders unconscious -
The offenders actions must cause the victim to lose consciousness. Not limited to how it is achieved.
S191(1)(a) Facilitate the commission of any imprisonable offence
Facilitate the commission of any imprisonable offence
Facilitate - to make possible, easy or easier.
The defendant causes the specified harm to make it easier to commit the intended imprisonable offence.
Necessary intent required at the time harm is caused
Immaterial if he/she actually commits the intended offence or not.
Liability
Aggravated Wounding
S191(1)(a,b,c) CA1961
(a)With intent to commit or facilitate the commission of any imprisonable offence
OR
(b)With intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence
OR
(c)With intent to avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
Wounds, maims, disfigures or causes GBH any person OR
Stupefies any person OR
Renders unconscious any person OR
By any violent means renders any person incapable of resistance
