Violence Liabilities Defenitions Flashcards
With intent to cause Grievous Bodily Harm
(Wounding with intent to cause GBH)
(Injuring with intent)
INTENT
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result.
The nature of the blow and the gash which it produced on the complainants head would point strongly to the necessary intent.
R v TAISALIKA
GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as harm that is really serious
Bodily harm needs no explanation and grievous means no more and no less than really serious
DPP v SMITH
Wounds OR Maims OR Disfigures OR Causes GBH
(Wounding with intent to cause GBH)
(Wounding with intent)
WOUND
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 were the bleeding which evidences the separation of tissues may be internal.
R v WATERS
OR
MAIMS
Will involve mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.
OR
DISFIGURES
To disfigure means to deform or deface, mar or alter the figure or appearance of a person.
The word disfigures covers not only permanent damage but also temporary damage
R v RAPANA and MURRAY
OR
GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as harm that is really serious
Bodily harm needs no explanation and grievous means no more and no less than really serious
DPP v SMITH
With intent to injure anyone
OR
With reckless disregard for the safety of others
(Wounding with intent)
(injuring with intent)
INTENT
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result.
The nature of the blow and the gash which it produced on the complainants head would point strongly to the necessary intent.
R v TAISALIKA
INJURE Sec 2 CA 61
Means to cause actual bodily harm
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.
R v DONOVAN
OR
WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS
While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognised the extent of the injury that would result.
Recklessness is the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless or risk
R v HARNEY
Injures
(Injuring with intent)
(Aggravated Injuring)
INJURE
Means to cause actual bodily harm
Sec 2 CA 61
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.
R v DONOVAN
(a) With intent to commit or facilitate the commission of an imprisonable offence
OR
(b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence
OR
(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
(Aggravated wounding)
(Aggravated Injuring)
INTENT
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result.
The nature of the blow and the gash which it produced on the complainants head would point strongly to the necessary intent.
R v TAISALIKA
In addition to one of the specific intents outlined in paragraph (a) (b) (c) it must be shown 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
R v Tihi
SUB SECTION (a)
FACILITATE THE COMMISSION
To make possible or to make easy or easier
Under section 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed
R v STURM
OR
SUB SECTION (b)
AVOID DETECTION
offences under section 191(1)(b) ariuse during the commission of an imprisonable where the offender causes the specified harm to prevent himself or another person from being “caught in the act”
OR
SUB SECTION (c)
FACILITATE FLIGHT
To make possible or to make easier.
The specified harm is caused to enable the offenders to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence
IMPRISONABLE OFFENCE SEC 5 CPA 2011
Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
There must be proof of the commission or attempted commission of a crime by either the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate
R v WATI
Wound any person OR Maim any person OR Disfigure any person OR Cause GBH to any person OR Stupefies any person OR Renders unconscious any person OR By any violent means renders any person incapable of resistance
(Aggravated Wounding)
WOUND
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 were the bleeding which evidences the separation of tissues may be internal.
R v WATERS
OR
MAIMS
Will involve mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.
OR
DISFIGURES
To disfigure means to deform or deface, mar or alter the figure or appearance of a person.
The word disfigures covers not only permanent damage but also temporary damage
R v RAPANA and MURRAY
OR
GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as harm that is really serious
Bodily harm needs no explanation and grievous means no more and no less than really serious
DPP v SMITH
OR
STUPEFIES
To stupefy means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime
R v STURM
OR
RENDERS UNCONSCIOUS
To render a person unconscious, the offender’s actions must cause the victim to lose consciousness
OR
ANY VIOLENT MEANS
Includes the application of force that physically incapacitates a person
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
R V CROSSAN
PERSON
Gender neutral. Proven by judicial notice or by circumstantial evidence.
Theft
Robbery
THEFT - Dishonestly - A without claim of right - taking any property with intent to deprive any owner permanently of that property - or of any interest in that property Sec 219(1) CA 1961
Larceny [or theft] is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out
R v SKIVINGTON
PROPERTY
Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt and anything in action, and any other right or interest
SEC 2 CA 61
Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
R v LAPIER
Possession must be actual or potential
ACTUAL POSSESSION
Actual Possession arises where the thing in question is in a persons physical custody or control
Possession involves two key elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
R v COX
OR
POTENTIAL POSSESSION
Potential possession arises when the person has the potential to have the thing in question in their control. For example, storing the thing in question at an associates house of through an agent.
Accompanied by
violence
Or
Threats of violence
(Robbery)
ACCOMPANIED BY
The prosecution must prove:
- a connection between the violence or threats of violence and the stealing of property.
- the defendant had an intent to steal at the time the violence or threats were used
- the violence of threats were used for the purpose of extorting the property or preventing or overcoming resistance to it being stolen
It is implicit in ‘accompany’ that there must be a nexus (connection or link) between the act of stealing and a threat of violence. Both must be present. However the term does not require that the act of stealing and the threat of violence be contemporaneous.
R v MAIHI
VIOLENCE
In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.
It is sufficient that “the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.
PENEHA v Police
OR
THREATS OF VIOLENCE
A threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands.
Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance, depending on the circumstances.
A Threat of violence is “the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct of veiled. It may be conveyed by words or conduct, or a combination of both.”
R v Broughton [1986] 1 NZLR 641
To any person
OR
Property
(Robbery)
TO ANY PERSON
Gender neutral. Proven by judicial notice or circumstantially.
Violence or threats can be directed at any person not just the victim and any property or interest.
PROPERTY
Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt and anything in action, and any other right or interest
SEC 2 CA 61
Used to extort the property stolen
OR
Prevent or overcome resistance to it being stolen
(Robbery)
EXTORT
To extort means to obtain by coercion or intimidation.
Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.
OR
PREVENT
To keep from happening
OVERCOME
To defeat; to prevail over; to get the better of in a conflict
Robs any person
Aggravated Robbery
ROBBERY
- Theft
- accompanied by violence of threats of violence
- to any person or property
- used to extort the property stolen or to prevent or overcome resistance to its being stolen
Sec 234(1) CA 61
PERSON
Gender neutral. Proven by judicial notice or circumstantially.
And at the time of or Immediately before or immediately after the robbery
(Aggravated Robbery)
AT THE TIME OF
During the commission of the theft, at the time of taking with the required intent.
IMMEDIATELY BEFORE
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.
IMMEDIATELY AFTER THE ROBBERY
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.
Causes GBH to any person
(Aggravated Robbery)
(Assault with Intent to Rob )
GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as harm that is really serious
Bodily harm needs no explanation and grievous means no more and no less than really serious
DPP v SMITH
PERSON
Gender neutral. Proven by judicial notice or circumstantially.
Being together with any other person
or
persons
(Aggravated Robbery)
BEING TOGETHER WITH:
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the Robbery
Being together in the context of 235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime
R v GALEY
The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
R v JOYCE
Robs
Aggravated Robbery
ROBBERY
- Theft
- accompanied by violence of threats of violence
- to any person or property
- used to extort the property stolen or to prevent or overcome resistance to its being stolen
Sec 234(1) CA 61
