Violence Offences

Question 1

Assault

Answer 1

Section 2 Crimes Act 1961 and section 2 of Summary Offences Act 1981:

• the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or;
• threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose

Question 2

Disfigures

Answer 2

Disfigurement consists of external injury that mars or alters a person’s appearance.

The injury or damage need not be permanent.

Question 3

Doctrine of transferred malice

Answer 3

If the defendant has a mens rea of a particular crime, carries out the actus rea of the same crime, he is guilty though the result may be unintended, i.e., if the victims differs from the one intended.

If the defendant has the mens rea of a different offence from that which he commits, the intent cannot be transferred.

E.g. throwing a stone at a person, but it misses and broke a window. Intention to assault a person, not intentionally damage a window. R v Pembliton 1874.

Question 4

Five parts of definition for firearm under Arms Act 1981

Answer 4

1. Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive.
2. Anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive.
3. Anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph 1.
4. Anything (being a firearm outlined in paragraph 1) which is for the time being dismantled or partially dismantled.
5. An especially dangerous airgun.

Question 5

Grievous bodily harm

Answer 5

Harm that is really serious or really seriously hurts.

The injury need not be permanent.

Grievous bodily harm includes some diseases, provided their effects are sufficiently serious, which included infecting a victim through sexual intercourse with HIV. R v Mwai 1995

Grievous bodily harm is not limited to bodily injury but can include injury to the mind. However, r ally serious psychiatric injury must be identified as such by appropriate specialist evidence. R v Chan-Fook

Question 6

Injures

Answer 6

To cause actual bodily harm.

Does not require proof of physical injury and may include producing an hysterical or nervous condition. R v Miller 1954.

Need not be permanent but must be more than merely transient or trifling. R v Donovan 1934.

Not necessarily limited to physical injuries. May related to an impaired state of mind, e.g. a victim can no longer go about their normal life as a result of the assault. Must be a psychiatric injury, identifiable as a clinical condition.

Question 7

Maims

Answer 7

To cause serious bodily injury (grievous bodily harm).

E.g., the loss of the use of an essential part such as an arm or eye.

Mere disfigurement is not enough, there must be permanent weakness or loss.

Question 8

Reckless

Answer 8

A person is reckless if they have “a conscious appreciation of the danger or risk of damage if they continue with the course of conduct but proceeds nevertheless”. Campbell v Police 1983.

A person is reckless if they foresee that a course of action could well have dangerous consequences, but intends to continue in that course regardless of the risk. R v Harney 1987.

Question 9

Stupefied

Answer 9

To cause an effect on the mind or nervous system of a person which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.

Whether such an interference is really serious is a matter of fact and degree for a court to determine. R v Sturm 2005.

Question 10

Wounds

Answer 10

A person is wounded if the skin has been broken or there is an intetnal injury.

The wound does not have to be dangerous, although more than a minimal flow of blood is required.

A wound is a break in the skin. It is usually evidenced by bleeding, although the bleeding may be internal. R v Walters 1979.

Proof of permanent injury is not required. R v James 1980.

Question 11

Aggravating factors to offending that constitute, for example, aggravated assault, aggravated wounding, etc.

Answer 11

With intent to:

Commit or facilitate the commission of any imprisonable offence, OR

Avoid detection of self/another in commission of any imprisonable offence, OR

Avoid arrested or facilitate flight of self/another upon commission or attempted commission of any imprisonment offence

Question 12

Assault with a weapon

Answer 12

In assaulting any person

Used any thing as a weapon

OR

While assaulting any person

Had any thing with them

In circumstances that prima facie showed an intention to use it as a weapon.

Question 13

Robbery

Answer 13

Section 234 Crimes Act 1961

Theft

Accompanied by violence or threats or violence

To any person or property

Used to extort the property stolen or to prevent or overcome resistance to its being stolen

10 year max imprisonment

Question 14

Aggravated robbery

Answer 14

Section 235 Crimes Act 1961

(a) robs any person,

and at time of, or immediately before, or immediately after the robbery

casues GBH to any person

OR

(b) being together with any other person or persons, robs any person

OR

(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon, robs any other person.

Question 15

Assaults and injuries to a person vary in nature and seriousness according to…

Answer 15

…the intentions of the offender

And

The degree of harm suffered by the victim.

Question 16

Is there an offence for attempted assaults?

Answer 16

No.

An attempt is the full offence of assault.

Question 17

Is physical contact necessary for the offence of assault?

Answer 17

No.

Question 18

Is mistaken identity a defence for assault?

Answer 18

No.

A suspect who intends to harm one person but in fact harms another may still be guilty of assault.

Question 19

Can you assault yourself?

Answer 19

No, to apply force to the person of another.

Question 20

Is recklessness enough of a standard to charge someone who discharges a firearm with intent to cause GBH?

Answer 20

No. You just show that the suspect intended to shoot at the person rather than merely being reckless

Question 21

What is the criteria to determine if a person was rendered incapable of resistance?

Answer 21

It is a question of fact and depends upon the assessment by the jury of all the circumstances surrounding the making of the threat. R v Crossan 1943.

Question 22

What is an example of being rendered incapable of resistance?

Answer 22

Being held at gunpoint

Question 23

What is the defense of consent?

Answer 23

Under section 20 of the Crimes Act 1961, a genuine belief in consent is a defence. If there is evidence from which consent can reasonably be inferred, the prosecution must prove consent was not given.

Consent is only a defense if the acts in issue come within the scope of the activity consented to. R v Lee (exercism) 2006).

Question 24

Can the consent defense be used in family harm related prosecutions?

Answer 24

No. In R v S 2016, the High Court held that the common law of New Zealand does not permit consent to be used as a defence to the intentional infliction of serious harm to a domestic partner where the purpose of the infliction of serious harm is to punish the consenting partner, in particular if the partner is vulnerable.

Question 25

What should be considered when thinking about the elements of robbery?

Answer 25

That one of the elements is theft, and therefore all of the elements of theft must be proved before turning to the second element, which is the use of violence or threats to facilitate the crime

Question 26

When is theft complete?

Answer 26

When property is taken, and therefore theft is completed, the moment the item is moved with intent to steal it.

Question 27

Does the immediate return of property after theft has been committed purge the offence?

Answer 27

No.

Question 28

What does it mean when theft is accompanied by violence or threats of violence?

Answer 28

It must be shown that the defendant not only had an intent to steal at the time the violence or threats were used, but that the violence or threats were used for the purpose of extorting the property, or preventing or overcoming resistance to its being stolen.

Question 29

When does violence have to occur for it to be considered robbery?

Answer 29

Usually occur at, or immediately before, the time of the theft, however there may be situations where that is not the case

Question 30

If threats of violence have no effect on the will of the person, is there a robbery?

Answer 30

No. Extort means to obtain by coercion or intimidation.

Question 31

Does aggravated robbery by means of GBH mean the victim of the robbery need be the subject of the GBH?

Answer 31

No, any person.

Question 32

If a second person does not intent to steal the property or isn’t in close proximity to the robbery, can they be charged with aggravated robbery?

Answer 32

No. Each person must share an intent to steal using their collective force and that section 235(b) is intended to provide for cases where the victim was confronted by two or more persons acting in concert, R v Joyce, e.g. a person waiting in the car outside of a robbery would not be charged.

Question 33

If an associate is present during a robbery with a robber can they be charged with aggravated robbery?

Answer 33

No, mere presence during the commision of robbery, without active participation, is not sufficient for the charge.

Question 34

A man who knocked down his wife and caused injury to the baby she was holding committed what offence/s?

Answer 34

Assault on wife by direct force.

Assault on baby by indirect force with mens rea to assault wife.

Question 35

An offender who stabs a victim and misses vital organs so that tissue is cut is an example of what type of injury?

Answer 35

Injures.

R v Waters 1979.

Question 36

Would a bruised arm count as a injury?

Answer 36

It is unlikely that a bruised arm would be considered actual bodily harm. R v Donovan 1934

Question 37

Does a state of fear or distress meet the test of an injury?

Answer 37

No.

Not actual bodily harm.

Question 38

Would removing a sawn-off shotgun from a bag when confronted by a police officer count as the offence of using a firearm against a law enforcement officer?

Answer 38

Yes, the firearm is used in any manner. R v Swain 1992

Question 39

What is the only legal criteria of harm that DOES require a permanent injury to be considered?

Answer 39

Maims

Question 40

Kissing, shaking hands, etc., are examples of what type of assaults?

Answer 40

Implied consent

Question 41

A security guard was confronted in a parking lot after stealing meat from a supermarket. He swung a knife at the guard and ran away leaving the meat behind. Does this constitute robbery?

Answer 41

No. The violence had been used not to over resistance to the theft, but to facilitate his escape afterwards. R v Newell.

Question 42

If a person robs someone by using their finger behind their jacket as a firearm would that be considered aggravated robbery?

Answer 42

No, as the term “anything” does not include a part of a person’s body. R v Bentham, House of Lords.