Wounding with Intent

Question 1

Wounding with Intent

Answer 1

Section 188 (2), Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Elements

Answer 3

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

Question 4

Intent

Answer 4

In a criminal law context 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.

Question 5

R v Taisalika

Answer 5

The nature of the blow and the gash which is produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 6

Injure

Answer 6

Means to cause actual bodily harm

Section 2, Crimes Act 1961

Question 7

R v Donovan

Answer 7

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 and trifling.

Question 8

With reckless disregard

Answer 8

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.

Question 9

R v Harney

Answer 9

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

Question 10

Wound - R v Waters

Answer 10

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 a flow of blood and in its occurrence 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.

Question 11

Maims

Answer 11

Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.

Question 12

Disfigures

Answer 12

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

Question 13

R v Rapana & Murray

Answer 13

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

Question 14

GBH

Answer 14

Grievous bodily harm - simply “harm that is really serious”

Question 15

DPP v Smith

Answer 15

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

Question 16

Person

Answer 16

Gender Neutral. Proven by judicial note or circumstantially.