Wounding with Intent Flashcards

1
Q

Section and Penalty

A

Sec 188(2) Crimes Act 1961

7 Years Imp

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Ingredients

A
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Intent

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

R v Taisalika

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Injure - Sec 2 Crimes Act 1961

A

Means to cause actual bodily harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

R v Donovan

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

With Reckless Disregard for the safety of others

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

R v Harney

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

R v Waters

Wound

A

A breaking in the skin with a flow of blood, more often than not will be external, may be internal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Maims

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Disfigures

A

To disfigure means to deform or deface, mar or alter the figure or appearance of a person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

R v Rapana and Murray

A

The word disfigure covers not only permanent damage but also temporary damage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Grievous Bodily Harm

A

Grievous bodily harm can be defined as harm that is really serious.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

DPP v Smith

A

Bodily harm needs no explanation and grievous means no more and no less than really serious.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Any Person

A

Gender neutral. Proven by judicial notice or circumstantial evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly