Serious Assaults - Case Law Flashcards
Intent
R v Taisalika
The nature of the blow and the gash which is produced on the complainants head would point strongly to the presence of the necessary intent
GBH
DPP v SMITH
Bodily harm needs no explanation and grievous means no more and no less than really serious
Wounds
R v Waters
A breaking of the skin would be commonly regarded as a characteristic of a wound and would normally be evidences by a flow of blood at the site of the wound. Normally a wound would be external but there are some cases where the wound would be internal
Disfigurement
R V Rapana and Murray
The word disfigures covers not only permanent damage but also temporary damage
Actual bodily harm
R v Donovan
Bodily harm includes any hurt or injury calculates to interfere with the health of comfort of the victim. It need not be permanent but must be more than merely transitory or trifling
Recklessness
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.
Two fold test for intent
R v Tihi
In addition to one of the specific intents outlined in paragraph (a) (b) or (c), it must also 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 risk of suffering it
Facilitate flight
R v Wati
There must be proof of the commission or attempte commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate
Firearms intent
R v Pekepo
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
Uses in any manner whatever
R v Swain
To deliberatly or purpousfully remove a sawn-off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of S198A CA 1961.
Intent to resist lawful arrest or detention
Fisher v R
It is necessary in order to establish a charge under section 198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of means rea of intending to resist lawful arrest or detention cannot be established
