Wounding with Intent Flashcards
Section and Penalty
Sec 188(2) Crimes Act 1961
7 Years Imp
Ingredients
1) With Intent to Injure Anyone OR With reckless disregard for the safety of others 2) Wounds OR Maims OR Disfigures OR Causes GBH 3) To any person
Intent
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.
R v Taisalika
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
Injure - Sec 2 Crimes Act 1961
Means to cause actual bodily harm.
R v Donovan
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 or trifling.
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.
R v Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.
R v Waters
Wound
A breaking in the skin with a flow of blood, more often than not will be external, may be internal.
Maims
Will involve mutilating, crippling or disabling part of the body so the victim is deprived permanently of the use of a limb or one of the senses. There needs to be some degree of permanence.
Disfigures
To disfigure means to deform or deface, mar or alter the figure or appearance of a person.
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage.
Grievous Bodily Harm
Grievous bodily harm can be defined as harm that is really serious.
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious.
Any Person
Gender neutral. Proven by judicial notice or circumstantial evidence.