Violence Offences Flashcards
Wounding with Intent to GBH (Act & Section)
Section 188(1), Crimes Act 1961
Wounding with Intent to GBH (Elements)
- With Intent to cause grievous bodily harm
- To any person
- Wounds or Maims or disfigures or causes GBH
- To any person
Wounding with Intent to Injure (Act & Section)
Section 188(2), Crimes Act 1961
Wounding with Intent to Injure (Elements)
- With Intent to injure any person or with reckless disregard for the safety or others
- Wounds or Maims or disfigures or causes GBH
- To any person
Injuring with Intent to GBH (Act & Section)
Section 189(1), Crimes Act 1961
Injuring with Intent to GBH (Elements)
- With Intent to cause grievous bodily harm
- To any person
- Injures
- Any person
Injuring with Intent to Injure (Act & Section)
Section 189(2), Crimes Act 1961
Injuring with Intent to Injure (Elements)
- With Intent to injure any person or with reckless disregard for the safety or others
- Injures
- Any person
Wounding with Intent (penalties)
- Section 188(1) - 14 years
- Section 188(2) - 7 years
Injuring with Intent (penalties)
- Section 189(1) - 10 years
- Section 189(2) - 5 years
Intent (define)
- A deliberate act
- Intent to get a specific result
Aggravated Wounding (GBH) (Act & Section)
Section 191(1), Crimes Act 1961
Aggravated Wounding (GBH) (Elements)
- With Intent:
(a) to commit or facilitate the commission of any imprisonable offence; or
(b) to avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission of any imprisonable offence - Wounds or maims or disfigures or causes GBH or stupifies or renders unconscious any person or by any violent means renders any person incapable of resistance.
Intent (Deliberate Act)
Intent means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental
Intent to produce a result
The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”
Intent (case law)
R v Collister
Intent (R v Collister held)
Circumstantial evidence from which an offender’s Intent may be inferred can include:
- The offender’s actions and words before, during, and after the event
- The surrounding circumstamces
- The nature of the act itself
In serious assault cases, additional circumstantial evidence that may assist in proving an offender’s intent may include:
- prior threats
- evidence of premeditation
- the use of a weapon
- whether any weapon used was opportunistic or purposely brought
- the number of blows
- the degree of force used
- the body parts targeted by the offender (eg head)
- the degree of resistance or helplessness of the victim (eg unconscious)
Intent serious assault (case law)
R v Taisalika
Intent
(R v Taisalika held)
The nature of the blow and the gash which it produces point strongly to the presence of the necessary intent
Wound (case law)
R v Waters
Wound
(R v Waters held)
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 the flow of blood and, in its occurance at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.
Disfigures (case law)
R v Rapana and Murray
Disfigures (R v Rapana and Murray held)
Disfigures covers not only permanent damage but also temporary damage
Disfigures (define)
To disfigure means “to deform or deface; to mar or alter the figure or appearance of a person.”
With Intent to Commit or Facilitate (case law)
R v Tihi
With Intent to Commit or Facilitate (R v Tihi held)
In addition to one of the specific intents in paragraph (a) - (c) it must be shown that the offender 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.
Intent to avoid arrest (case law)
R v Wati
Intent to avoid arrest (R v Wati held)
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.
Recklessness established (case law)
Cameron v R
Recklessness (Cameron v R held)
Recklessness is established if:
(a) the defendant recognized that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable
Recklessness knowledge (case law)
R v Tipple
Recklessness (R v Tipple held)
Recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk
Injure (define)
s2, Crimes Act 1961
To Injure means to cause actual bodily harm
Injures/Bodily harm (case law)
R v Donovan
Injures/Bodily harm (R v Donovan held)
‘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.
Stupifies (case law)
R v Sturm
Stupifies (R v Sturm held)
To stupify means 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 the crime
Grievous Bodily Harm (case law)
DPP v Smith
Grievous Bodily Harm (DPP v Smith held)
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
Maiming (define)
depriving another of the use of such of his members as may render him less able in fighting, either to defend himself or to annoy is adversary.
Must be some degree of permanence.
Renders Incapable of Resistance
(case law)
R v Crossan
Renders Incapable of Resistance
(R v Crossan held)
Incapable of resistance includes powerlessness of the will as well as a physical incapacity
Violent means
(case law)
R v Claridge
Violent Means
(R v Claridge held)
“violent means” is not limited to physical violence and may include threats of violence, depending on the circumstances.
Aggravated Assault (Act & Section)
Section 192(1)/(2), Crimes Act 1961
Aggravated Assault
192(1) (Elements)
- Assaults
- Any other person
- With Intent:
(a) to commit or facilitate the commission of any imprisonable offence; or
(b) to avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission of any imprisonable offence
Aggravated Assault Section 192(2) (Elements)
- Assaults
- Any Constable or any person acting in aid of any Constable or any person acting in the lawful execution of any process
- with Intent to obstruct the person so assaulted in the execution of his duty.
Assault define
The act or 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, the present ability to affect his or her purpose.
Discharging a Firearm or Doing a Dangerous Act with Intent
(Act & Section)
Section 198(1)/(2), Crimes Act 1961
Discharging a Firearm or Doing a Dangerous Act with Intent 198(1) (Elements)
- A person
- With Intent to do GBH
- (a) Discharges any firearm, airgun, or other similar weapon at any person or
(b) Sends or delivers to any person, or puts in place, any explosive or injurious substance or device or
(c) Sets fire to any property.
Discharging a Firearm or Doing a Dangerous Act with Intent
198(2) (Elements)
- A person
- With Intent to injure or with reckless disregard for the safety of others
- (a) Discharges any firearm, airgun, or other similar weapon at any person or
(b) Sends or delivers to any person, or puts in place, any explosive or injurious substance or device or
(c) Sets fire to any property.
Body of the Victim (case law)
R v Chan-Fook
Body of the Victim (R v Chan-Fook held)
The body of the victim includes all parts of his body including his organs, his nervous system and his brain. Bodily injury therefore may include injury to any of those parts of his body responsible for his mental and other faculties… accordingly the phrase actual bodily harm is capable of including psychiatric injury.
discharge a Firearm, Intent GBH (case law)
R v Pekepo
Discharge a Firearm, Intent GBH (R v Pekepo held)
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.
Airgun (define)
(a) any air rifle
(b) any air pistol
(c) any weapon from which, by use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged
firearm (define)
(a) means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.
(b) includes-
(i) anything adapted so….
(ii) anything for the time being not capable…. but by completion or replacement of component or correction or repair of defect…
(iii) anything (being a firearm) which is dismantled
(iv) any specially dangerous airgun
explosive (define)
(a) means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect. And
(b)… includes gunpowder, nitroglycerin, dynamite, gun cotton, blasting powder, fulminate of mercury or other metals, colored flares, fog signals, fuses, rockets, percussion caps, detinators, cartridges, and ammunition of all descriptions
(c) any device, contrivance or article that uses (a) …. does not include a firearm
(d) does not include any firework as defined in section 2 of Hazardous Substances and New Organisms Act 1996.
Property (define)
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Using any Firearm Against Law Enforcement Officer (Act & Section)
Section 198A(1)/(2), Crimes Act 1961
Using any Firearm Against Law Enforcement Officer 198A(1) (Elements)
- uses a firearm in any manner whatever
- against any constable or any traffic officer or any prison officer
- acting in the course of his/her duty
- knowing that person is a constabe/traffic officer/prison officer so acting
or
being reckless whether or not that person is a constable/traffic/prison officer so acting
Using any Firearm Against Law Enforcement Officer 198A(2) (Elements)
- uses a firearm in any manner whatever
- with intent to to resist the lawful arrest or detention of himself or of any other person
use a firearm in any manner whatever (case law)
R v Swain
use a firearm in any manner whatever (R v Swain held)
To deliberately or purposely 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 s 198A Crimes Act 1961.
Constable (define)
(a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act) and
(b) includes a constable who holds any level of position within the New Zealand Police
Knowing
Semester and Brookbanks
Knowing or correctly believing… the defendant may believe something wrongly but cannot ‘know’ something that is false.
Intent to resist arrest (case law)
Fisher v R
Intent to resist arrest (Fisher v R held)
It is necessary in order to establish a charge under section 198A(2) for the Crown to prove someone was attempting to arrest or detain him because otherwise the element or mens rea of intending to resist lawful arrest or detention cannot be established
Using any Firearm Against Law Enforcement Officer (penalties)
Section 198A(1) - 14 years
Section 198A(2) - 10 years
Discharging a Firearm or Doing a Dangerous Act with Intent (penalty)
Section 198(1) - 14 years
Section 198(2) - 7 years
Commission of an Imprisonable Offence with a Firearm (Act & Section)
Section 198B, Crimes Act 1961
Commission of an Imprisonable Offence with a Firearm (Elements)
198B(1)(a)
- In committing any imprisonable offence
- uses any firearms
198B(1)(b)
- while committing any imprisonable offence
- Has any firearm with him or her
- in circumstances that prima facie show an intention to use it in connection with that imprisonable offence
Possession (case law)
R v Cox
Possession (R v Cox held)
Possession involves two… 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.
prima facie (case law)
Tuli v Police