Wounding with Intent

Question 1

Section and Penalty

Answer 1

Sec 188(2) Crimes Act 1961

7 Years Imp

Question 2

Ingredients

Answer 2

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 3

Intent

Answer 3

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 4

R v Taisalika

Answer 4

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.

Question 5

Injure - Sec 2 Crimes Act 1961

Answer 5

Means to cause actual bodily harm.

Question 6

R v Donovan

Answer 6

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.

Question 7

With Reckless Disregard for the safety of others

Answer 7

Defendant had foresight of dangerous consequences and proceeded regardless (subjective)
UNREASONABLE for him to do so in the circumstances as known to him (objective)

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 8

R v Harney

Answer 8

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.

Question 9

R v Waters

Wound

Answer 9

A breaking in the skin would 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 will be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

Question 10

Maims

Answer 10

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.

Question 11

Disfigures

Answer 11

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

Question 12

R v Rapana and Murray

Answer 12

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

Question 13

Grievous Bodily Harm

Answer 13

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

Question 14

DPP v Smith

Answer 14

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

Question 15

Any Person

Answer 15

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 16

Wounding with intent liability

Answer 16

With intent to injure anyone
- Intent meaning
- R v Taisalika
- Injure S2
- R v Donovan
- Person meaning 
OR with reckless disregard for the safety of others
- meaning
- R v Harney
Wounds
- R v Waters
OR Maims
- meaning
OR Disfigures
- meaning
- R v Rapana and Murray
OR Causes GBH
- GBH meaning
- DPP v Smith
To any person
- Person meaning