Violence - Injuring with Intent Flashcards
S189(1) Crimes Act 1961 - Injuring with Intent
What are the Ingredients?
What is the penalty?
Answer:
- With Intent
- To cause grievous bodily harm to any one
- Injures any person
Answer:
Penalty: Max 10 years imprisonment
S189(2) Crimes Act 1961 - Injuring with Intent
What are the Ingredients?
What is the penalty?
Answer:
- With Intent
- To intent to injure any one
- Or with reckless disregard for the safety of others
- Injures any person
Answer:
Penalty: Max 5 years imprisonment
What is the difference between between subsection (1) and subsection (2) under s189 CA 1961?
Answer:
In s/s (1) the offender intends to cause Grievous Bodily Harm (GBH) however the outcome is a lesser degree of harm than intended
In s/s (2) the offender intends only to injure the victim, or acts with reckless disregard for the safety of others, and in doing so injures the victim
What is Grievous Bodily Harm?
Answer:
It can be defined simply as “harm that is really serious”
What was held in the case law of R v Harney?
Answer:
“Recklessness means the conscious and deliberate taking of an unjustifiable risk.
In NZ it involves proof that the consequence complained of could well happen together with an intention to continue in the course of conduct regardless of risk”
When recklessness is an element in an offence what must be proved?
Answer: - That the defendant consciously and deliberately ran a risk (subjective test)
- That the risk was one that was unreasonable to take
in the circumstances as they were known to the
defendant (objective test - based on whether a
reasonable person would have taken the risk)
Explain the term “anyone” and “any person”
Answer:
The assaults discussed in this module are gender neutral.
A victim is a “person” and accepted by judicial notice or proved by circumstantial evidence
The age of the victim is not relevant but note that ‘assault on a child’ and ‘male assaults female’ (s194) require proof of age and gender
How does the mens rea in s189 differ from s188?
Answer:
It doesn’t. The mens rea required for both sections is identical
The offences under this section differ from those in s188 only in the level of injury actually inflicted
What are the injury requirements in s189?
Answer:
If there is an intent to cause grievous bodily harm, it is immaterial whether GBH was done, so long as an injury, actual bodily harm in some way was inflicted
What is the meaning of Injure as defined in s2 of the Crimes Act 1961?
Answer:
To injure means to cause bodily harm.
What are the ingredients for s199 CA 1961 - Acid throwing
What is the penalty?
Answer:
1. With intent to injure or disfigure anyone
- Throws at or applies to any person
- Any corrosive or injurious substance
Answer: Max 14 years imprisonment
Is there a defence to charge under s192(2)?
Assaulting a Constable or any person acting in aid of any constable, or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his or her duty.
What case law did it relates to this?
What were the circumstances in that case law?
Answer: Yes.
Section 48, CA 1961 - defence of another
Answer:
R v Christensen
Answer:
The accused, when interfering with an arrest by a constable, held a honest belief that the constable was using excessive force takes a constable outside the scope of their lawful duty.
