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Violence > Serious Assaults > Flashcards

Serious Assaults Flashcards

1
Q

What is the difference between a section 188(1) and 188(2) wounding

A

The offenders intent

188(1) intent to GBH
188(2) intent to injure

Outcome is the same

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2
Q

Definition of “anyone”

A

Person. Gender neutral, accepted by judicial notice and proved circumstantially

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3
Q

Definition of “intent”

A

Two specific type of intent

  • intent to commit an offence
  • intent to produce a specific result
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4
Q

How to prove an offender intent

A

Admissions and circumstantial evidence

  • actions and words before, during and after the event
  • surrounding circumstances
  • nature of the act itself
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5
Q

In serious assault cases circumstantial evidence that may assist in proving an offenders intent include…….

A
  • prior threats
  • evidence of premeditation
  • use of a weapon
  • whether any weapon used was opportunistic or purposely brought
  • number of blows
  • degree of force used
  • body parts targeted by offender (eg. head)
  • degree of resistance or helplessness of the victim (eg. unconscious)
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6
Q

Definition of “GBH”

A

Harm that is really serious

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7
Q

Does bodily harm (GBH) include psychiatric injury

A

Yes…….but does not include mere emotions such as fear, distress, panic or a hysterical or nervous condition

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8
Q

Do the consequences of GBH have to be immediate/instant

A

No, they may be delayed

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9
Q

Definition of “Wounds”

A

The breaking of the skin and the flowing of blood, either externally or internally

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10
Q

What is the difference between GBH and wounds/maims/disfigures

A

GBH - refers to the degree or seriousness of the injury

Wounds/maims/disfigures - refer to the type of injury caused

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11
Q

Definition of “maims”

A

Mutilating, crippling or disabling a part of the body so as to deprive the use of a limb or one of the senses

Needs to be some degree of permanence

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12
Q

Definition of “disfigures”

A

Deform or deface, to mar or alter the figure or appearance of a person

Need not be permanent

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13
Q

What is the doctrine of transferred malace

A

Where the defendant mistakes the identity of the person injured or where harm intended for one person is accidentally inflicted on another he is still criminally responsible

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14
Q

Definition of “injure”

A

To cause actual bodily harm

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15
Q

Can actual bodily harm include psychiatric injury

A

Yes…..if medical evidence confirms an identifiable clinical condition

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16
Q

Definition of “reckless”

A

Conscious and deliberate taking of an unjustified risk

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17
Q

When recklessness is an element in an offence what must be proved

A
  • The defendant consciously and deliberately ran a risk (subjective test)
  • The risk was one that was unreasonable to take in the circumstances (objective test - what would a reasonable person have done)
18
Q

What is the difference between a section 189(1) and 189(2) wounding

A

The offenders intent

189(1) intent to GBH
189(2) intent to injure

Outcome is the same

19
Q

What is the difference between a section 188 and 189 assault

A

The level of injury inflicted

20
Q

What must be proved for an offence against s191 “two-fold” test

A
  1. Defendant intended to facilitate the commission of an imprisonable offence (or one of the intents specified in (a) (b) (c)
  2. They intended to cause the specified harm or was reckless as to the risk
21
Q

Definition of “facilitate”

A

To make possible or to make easy or easier

22
Q

Definition of “imprisonable offence”

A

Any offence which is punishable by a term of imprisonment

23
Q

Definition of “avoid detection”

A

Prevent himself or another person from being caught in the act

24
Q

Definition of “facilitate flight”

A

To escape or to prevent capture

25
Q

Definition of “stupefies”

A

Cause an effect on the mind or vervous system of a persoin which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intented crime

26
Q

Definition of “renders unconscious”

A

“cause to be” or “cause to become” unconscious

27
Q

Definition of “violent means”

A

The application of force that physically incapacitates a person (eg. tying feet or hands together, inflicting debilitating injury)

28
Q

Definition of “renders incapable”

A

Includes a powerlessness of the will as well as a physical incapacity

29
Q

Definition of “assault”

A

Intentionally applying or attempting to apply force to the person of another directly or indirectly or threatening by any act or gesture to apply such force to the person of another if the person making the threat has or causes the other to believe on reasonable ground that he or she has present ability to effect his or her purpose

Must prove

  • Intention to apply or attempt to apply force
  • Application or attempted application of force, whether directly or indirectly or
  • Threat to apply force in circumstances where the victim believes the offender will be able to carry out the threat
30
Q

R v Taisalika

A

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

31
Q

DPP v Smith

A

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

32
Q

R v Waters

A

A breaking of 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

33
Q

R v Rapana and Murray

A

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

34
Q

R v Donovan

A

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim, it need not be permanent but must no doubt be more than merely transitory and trifling

35
Q

R v Harney

A

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 the risk

36
Q

R v Tihi

A

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

37
Q

R v Wati

A

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

38
Q

Liability

Injuring with Intent
Section 189
Crimes Act 1961

A

189(1)

  • Intent to cause GBH
  • To anyone
  • Injures
  • Any person

189(2)

  • Intent to injure anyone OR reckless disregard for the safety of others
  • Injures
  • Any person
39
Q

Liability

Aggravated Wounding or Injury
Section 191
Crimes Act 1961

A

191(1)(a)

  • Intent to commit/facilitate the commission of any imprisonable offence
  • Wounds OR Maims OR Disfigures OR GBH or Stupefies OR renders unconscious OR by any violent means renders incapable of resistance
  • Any person

191(1)(b)

  • Intent to avoid detection of himself/other person the commission of any imprisonable offence
  • Wounds OR Maims OR Disfigures OR GBH or Stupefies OR renders unconscious OR by any violent means renders incapable of resistance
  • Any person

191(1)(c)

  • Intent to avoid arrest/facilitate flight of himself/another upon the commission or attempted commission of any imprisonable offence
  • Wounds OR Maims OR Disfigures OR GBH or Stupefies OR renders unconscious OR by any violent means renders incapable of resistance
  • Any person

191(2)

  • Intent as above (a) (b) (c)
  • Injures
  • Any person
40
Q

Liability

Aggravated Assault
Section 192
Crimes Act 1961

A

192(1)(a)

  • Assaults
  • Any other person
  • Intent to commit/facilitate the commission of any imprisonable offence

192(1)(b)

  • Assaults
  • Any other person
  • Intent to avoid detection of himself/other person the commission of any imprisonable offence

192(1)(c)

  • Assaults
  • Any other person
  • Intent to avoid arrest/facilitate flight of himself/another upon the commission or attempted commission of any imprisonable offence

192(2)

  • Assaults
  • Any Constable OR any person acting in aid of constable OR any person in the lawful execution of any process
  • Intent to obstruct the person assaulted in the execution of his duty
41
Q

Liability

Wounding with Intent
Section 188
Crimes Act 1961

A

188(1)

  • Intent to cause GBH
  • To anyone
  • Wounds OR Maims OR Disfigures OR GBH
  • Any person

188(2)

  • Intent to injure anyone OR reckless disregard for the safety of others
  • Wounds OR Maims OR Disfigures OR GBH
  • Any person

Violence (12 decks)

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