Serious Assaults Flashcards
What is the legislation for Wounding with Intent (s188)?
- Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to cause GBH to any one, wounds, maims, disfigures, or causes GBH to any person.
- Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes GBH to any person.
What are the elements of 188(1)?
- With intent to cause GBH
- To anyone
- Wounds, maims, disfigures or causes GBH
- To any person
What are the elements of 188(2)?
- With intent to injure / with reckless disregard for the safety
- To anyone / of others
- Wounds, maims, disfigures or causes GBH
- To any person
What is the difference between the subsections of 188 and 189?
Both relate to the same outcome, the distinction is the offenders intent. ss1 has an intent to cause GBH, ss2 the intent is only to injure
What are the specific intentions required?
there must be an intention to commit the act and an intention to get a specific result.
How can intent be proven?
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
How can intent for a serious assault be proved? What is the case law?
(R v Taisalika)
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
What is the definition of GBH? What is the case law?
(DPP v Smith)
Bodily harm needs no explanation and “grievous” means no more and no less than “really serious.
What is the definition of a wound? What is the case law?
(R v Waters)
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will normally be 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.
What is the definition of maiming?
involves mutilating, crippling, or disabling a part of the body so as to deprive of its use. There needs to be some degree of permanence.
What is the definition of disfigurement?
to deform or deface, mar or alter the figure or appearance of a person.
What does disfigurement cover? What is the case law?
(R v Rapana and Murrary)
The word ‘disfigure’ covers not only permanent damage but also temporary damage.
What is the doctrine of transferred malice?
it is not necessary that the person suffering the harm was the intended victim. Where the harm intended for one person is accidently inflicted on another, they are still criminally responsible.
What is the definition of bodily harm? What is the case law?
(R v Donovan)
‘Bodily harm’…includes any hurt calculated to interfere with the health or comfort of the victim. It need not be permanent, but must be more than merely transitory and trifling.
What is the definition of recklessness? What is the case law?
(R v Harney)
Recklessness means 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.