Serious Assaults

Question 1

Ingredients for WOUNDING WITH INTENT to GBH - Crimes Act 1961, Section 188(1)

Answer 1

•	Everyone who
•	With intent to cause GBH
•	To anyone
o	Wounds
o	Maims
o	Disfigures
o	Causes GBH
•	To any person

Question 2

Ingredients for WOUNDING WITH INTENT to INJURE - Crimes Act 1961, Section 188(2)

Answer 2

•	Everyone who
•	With intent to injure anyone / with reckless disregard for the safety of others
o	Wounds
o	Maims
o	Disfigures
o	Causes GBH
•	To any person

Question 3

Ingredients for INJURING WITH INTENT Crimes Act 1961, Section 189

Answer 3

• (1) Everyone who
• With intent to cause GBH
• To anyone
• Injures
• Any person
• (2) Everyone who
• With intent to injure anyone / with reckless disregard for safety of others
• Injures
• Any person

Question 4

ingredients for AGGRAVATED WOUNDING / INJURY Crimes Act 1961, Section 191

Answer 4

• (1) Everyone who
• With intent to
o Commit / Facilitate the commission of any imprisonable offence
o Avoid detection of self / other person in commission of imprisonable offence
o Avoid arrest or facilitate flight of self / other person upon commission / attempted commission of imprisonable offence
• Wounds / maims / disfigures / causes GBH / renders unconscious / or by violent means
• Renders any person incapable of resistance

• (2) any intent above, INJURES any person

Question 5

Case law - TAISALIKA

Answer 5

Nature of blow and gash to head points to intent.
(Think South Auckland - think a Polynesian
guy hitting someone with machete.
PLEASE Do not take anything racist from this memory-jogger, its simply one way to remember this case law in that it’s the only Polynesian-named case law you have to know.)

Question 6

Case law - R v WATERS

Answer 6

Breaking of the skin, flow of blood = wound. Internal bleeding is a wound.
(waters – flow - of blood)

Question 7

Case law - R v RAPANA & MURRAY

Answer 7

Disfigure = not only permanent damage but also temporary damage.

(Perhaps think of 2 guys (R & M) dipping someone’s hand into hot oil
– temporarily disfigured but able to be fixed with skin grafts)

Question 8

Case law - R v DONOVAN

Answer 8

Bodily harm = includes injury interfering with health or comfort.
Need not be permanent. Must be more than merely transitory and trifling.

Question 9

Case law - DPP V SMITH

Answer 9

Bodily harm” and “grievous” – no more and no less than really serious

Question 10

Case law - Aggravated Wounding R v TIHI

Answer 10

Prosecution must satisfy a ‘two-fold’ test for the Defendant’s intent:
(1) Intent to facilitate the commission of an imprisonable offence
(2) Intent to cause the specified harm, or was reckless as to that risk.
(TEE HEE – remember the funny tent skit in Austin Powers – two x in”tents”)

Question 11

Case law - Aggravated Wounding R v STURM (x2)

Answer 11

1. Not necessary for prosecution to prove intended crime was actually subsequently committed.
2. Stupefy = to cause an effect on the mind or nervous system of a person, interferes with person’s mental or physical ability to act (Fight back, stop the offence)

(STURM - SPERM - RAPE: man threatens a woman with a gun to make her stop struggling and submit to being raped, whether or not he rapes her. If he commits rape, separate charge.)

Question 12

Case law - R v WATI

Answer 12

Must be proof of the commission / attempted commission of a crime,
• either by person committing the crime,
• or by the person whose arrest or flight he intends to avoid / facilitate.

Question 13

Case law - Aggravated Wounding R v CROSSAN

Answer 13

“Incapable of resistance” = powerlessness of the will as well as a physical incapacity. (another crossover for caselaw)