Serious Assaults Case Law

Question 1

R v Taisalika

Answer 1

The nature of the blow and the gash which it produced on the complainant’s head would point to the necessary intent

Question 2

DPP v Smith

Answer 2

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

Question 3

R v Waters

Answer 3

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 bleeding which evidences the separation of tissues may be internal.

Question 4

R v Ratana and Murray

Answer 4

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

Question 5

R v Donovan

Answer 5

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

Question 6

R v Harney

Answer 6

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 risk

Question 7

R v Tihi

Answer 7

In addition to one of the specific intents outlined in paragraphs (a)(b) or(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

Question 8

R v Wati

Answer 8

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 intends to avoid or facilitate