Serious assaults Flashcards
What is the definition of maiming?
Mutilate, cripple, or disable a part of the body so as to deprive the victim of the use of a limb or one of the senses. (There needs to be a degree of permanence)
An example of maiming is to cut someone’s finger off
What is the definition of a wound?
A break of the skin and the flow of blood either internally or externally.
(R V WATERS)
Example of a wound is a deep laceration to a persons’s arm as a result of being stabbed with a knife.
What is the definition of disfigure?
To deform or deface. To mar or alter a persons appearance.
R V RAPANA and MURRAY states that disfigure covers both permanent and temporary damage.
Example - tattoo on face.
What is the definition of GBH?
Harm that is really serious, or really seriously hurts
DPP V SMITH states that bodily harm needs no explanation. Grievous simply means no more and no less than harm that is really serious.
What is the doctrine of transferred malice?
It is not necessary that the person suffering the harm is the intended victim.
If the offender had an intent to harm one person, but the harm is accidentally inflicted on another, he is still criminally responsible to the harm inflicted on the unintended victim.
What is R V Taisalika and what does it relate to?
The nature of the blow and the gash it produced on the complainant’s head points strongly to the necessary intent required.
This relates to intent and shows that the offenders actions alone were deliberate. Intent can be inferred from the offender’s action.
What is R V Waters and what does it relate to?
The break if the skin and a flow of blood either internally or externally.
This relates to the definition of a wound.
What is the different between GBH and wounds, maims, disfigures etc?
GBH relates to the seriousness of the injury, and wounds etc are specific types of injuries.
What is actual bodily harm? And what case law is relevant?
Bodily harm may be an internal or external injury and need not be permanent or dangerous.
It can also include a psychiatric illness.
R V Donovan states that bodily harm is any hurt or injury that is calculated to interfere with the health and comfort of the victim. It need not be permanent, but it must be more than transitory or trifling.
What is the definition of a reckless act, and what case law relates?
A reckless act is the taking of an unjustifiable risk.
R V Harney states that it is the conscious and deliberate taking of an unjustified risk. In NZ it requires proof that the consequences could well happen, and an intention to continue the conduct regardless of the risk.
What are the intents in 191 (1) (a) (b) and (c)?
(a) to commit or facilitate the commission of an imprisonable offence
(b) to avoid detection of himself or any other person in the commission of an imprisonable offence
(c) to avoid arrest or facilitate the flight of himself or of any other person upon the commission OR ATTEMPTED commission of any imprisonable offence
Ensure you cover off that the intent is to eg. Facilitate the flight of himself. This is the main intent.Then later when you cover off the wound, you cover intent (Taisalika) and that they intended to cause the specified harm (Tihi)
What is R V Tihi and what does it relate to?
Relates to 191 (1) (a) (b) and (c) - aggravated wounding.
The two fold intent test for aggravated wounding. The crown must prove one of the intents in (a) (b) or (c), and that the accused meant to cause the specified harm, or foresaw that his actions were likely to expose others to the risk of suffering it.
What is R V Sturm and what does it relate to?
It relates to Aggravated wounding 191 (1) (a)
It is not necessary for the prosecution to prove that the intended crime was subsequently committed.
What does facilitate mean?
To make possible or to make it easier.
What is R V Wati and what does it relate to?
It relates to aggravated wounding 191 (1) (c)
The prosecution must prove the commission or attempted commission of an imprisonable offence, and prove that 191 (1) (c) is caused to enable the offenders to more easily escape or prevent their capture.
