VIOLENCE OFFENCESS Flashcards
What are the topics covered in the violence offences?
Assaults Robbery Kidnapping and Ransom Blackmail People trafficking and People Smuggling
R v Taisalika
The nature of the blow and the gash produced point strongly to the presence of the necessary intent.
R v Rapana
Disfigure covers not only permanent damage by temporary damage.
R v Waters
A breaking of the skin would be commonly regarded as 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 the 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.
R v Donovan
Bodily harm includes any hurt or injury calculated to interfere with the health and comfort of the victim. it need not be permanent, but must no doubt be more than merely transitory and trifling.
Cameron v R
Recklessness is established if
a) the defendant recognised that there was a real possibility that
i) his or her actions would bring about the proscribed result,
ii) that the proscribed circumstances existed and
b) Having regard to that risk those actions were unreasonable.
Name an offence where the age of the victim is relevant?
Assaults Child and male and female
s194 C.A. 1961
R v Hunt
The defendant was breaking into another mans stables and was caught by the property owner and the servant. Hunt attempted to strike the property owner with the knife but the ensuing struggle resulted in a superficial unintentional superficial cut to the servants wrist. (It is the intent that is relevant here)
Owen v Residential Health Management Unit
In this matter the Court highlights that bodily harm may include psychiatric injury. Clinical evidence will be required for this.
R v Donaldson
Donald Duck ——
This is also an example of psychological impact of bodily harm being on the mind where the victim suffered emotionally learning that he had sexual acts performed on him while he was unconscious.
R v Mwai
This is the HIV bodily injury matter were the harm was delayed and was given to multiple woman.
R v Scott and Lewis
(Scott makes love to Brenda Lewis)
Two defendants punched the victim in the head multiple times - The victim whom was on anti coagulant drugs at. the time sustained injuries that required surgery for the blood clot on the brain.
Describe the doctrine of transferred malice?
It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the doctrine of transferred malice, despite the wrong target being struck.
What does injury mean?
To injure means to cause actual bodily injury.
R v Chan-Fook
(Fook me) persons body includes parts of the body, including his organs, nervous system and the brain. Therefore bodily injury mean mental and other faculties.
This may also mean psychiatric injury as this is an injury on the brain. (Note that emotions were not the same in the Courts view)
R v Tipple
RROCARRDD
Recklessness requires that. the offender know of or have a conscious appreciation of the relevant risk, and it maybe said that requires a deliberate decision to run the risk.
R v Mcarthur
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 be more than transitory and trifling.
What are the two case laws for aggravated offences?
R v Tihi and R v Wati
R v Tihi
In additional to one of the specific intents outlined in paragraphs (a)-(c) it must be shown that the offender meant to cause the specified harm and foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
R v Wati
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.
What is the two fold test under section 191?
Relates to R v Tihi -
1) The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified under (a)(b)(c) and
2) He or she intended to cause the specified harm or was reckless as to that risk.
What offences may a man whom threatens a woman with a gun to make her stop struggling and submit to being raped can be charged with?
Sexual violation by rape
Aggravated wounding - he is rendering her incapable by any violent means. (R v Crossan)
R v Strum
(I like to strum my guitar)
To stupefy mean to cause an effect on the mind or nervous system of a person that seriously interferes with that persons mental and physical ability to act in any way which may hinder the intended crime.
By any violent means renders any person incapable of resistance?
Violent means - includes the application of force that physically incapacitates a person, such as tying the victims hands and feet or inflicting debilitating injuries. .
R v Claridge
The defendant attempted to hit the prison officer on the head with an iron bar while attempting to escape from prison. The prison officer blocked the blow to the head but fell from the prison causing a broken ankle. The defendant was not successful in arguing that the injuries were not a direct result of the intended assault.
What are the ingredients for aggravated assault?
Aggravated Assault (3 years)
S192(1) a b or c C.A. 1961
Everyone
With intent
a) To commit or facilitate the commission of any any imprisonable offence or
b) To avoid the detection of himself or any other person in the commission of any imprisonable offence.
c) To avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission fo any imprisonable offence.
Assaults
Another person
What are the ingredients for aggravated assault on a Police officer?
Aggravated Assault (3 years)
s192(2)
Everyone
Assaults a Constable or any person acting in aid of a constable or any person in the lawful execution of any process
With intent to obstruct the person so assaulted in the execution of his duty.
R v Pekepo
A reckless discharge of a firearm in a general direction of a passer by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
What are the three mens rea under s198
- Intent to do GHB
- Intent to injure
- Reckless disregard for the safety of others
What are the three actus reus under s198
- Discharging a firearm at a person
- Delivering explosives
- Setting fire to property
What does discharge mean?
To fire or shoot.
What is the primary difference between a firearm and an airgun?
The method of propelling. The firearm is discharge by means of explosive and an air gun is discharging by means of compressed gas.
R v Fitzgerld
Relates to the gang pad that had an injurious device to the perimeter fence - This was not live at the time so did not meet the threshold but if it was live this could have been an injurious device.
Name the ingredients for s198(1)(c) offence which Discharging Firearm of Doing a Dangerous Act With Intent?
WITH INTENT TO DO GBH
SETS FIRE TO ANY PROPERTY
(Sets fire has two elements the first is the damage the second is the damage that was caused by the fire)
What is the definition of property?
Any real or personal property estate or any interest in any real or personal property, money, electricity and any debt and anything in action, and any other right or interest.
R v Swain (Must Know)
To deliberately or purposely remove a sawn-off shot gun 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 s198A C.A. 1961 (The swainaice removed the shot gun from the bag and thus shows a clear use of the firearm) - pertains to the law enforcement officer offences.
Police v Parker
A firearm was presented at a Police Officer and the defendant had his finger on the trigger of the loaded firearm. It was held that this was using a firearm in whatever manner.
What is the definition of a Constable?
Under S4 of the Policing Act 2008 a Constable is -
a) Holds the office of a 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 New Zealand Police.
Acting in the course of duty refers to what points?
PPPDAK P rotecting life P protecting property P preventing crime D detecting offences A Apprehending offenders K - keeping the peace (The defendant must know that the person concerned is a Police officer) Guilty knowledge)
Describe knowing in relation to Simester and Brookbanks?
Knowing or correctly believing ….. the defendant may believe something wrongly, but cannot know something to be false.
Fisher v R (Must know)
It is necessary in order to establish a charge under section 198A for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.