Serious Assaults

Question 1

Define the key case law for ‘Intent’

Answer 1

RvTaisalika

The nature of the blow and gash which it produced would point strongly to the necessary intent

Question 2

Define ‘Disfigures’

Answer 2

Deform or deface. Detracts from personal appearance of the victim.

Disfigure not only covers permanent damage but also temporary damage.
(R v Rapana and Murray)

Question 3

What is the Doctrine of transferred malice?

Answer 3

The injured person need not be the intended person to be harmed. The offender is still liable under the doctrine of transferred malice

Question 4

Give some examples of corroborative evidence to help prove intent?

Answer 4

Words or actions of the offender prior, during and after the event
The use of a weapon
Injures sustained (number of blows)
Evidence of premeditation

Question 5

Define ‘Recklessness’ and provide case law.

Answer 5

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.”

Question 6

Define ‘Wound’ and provide case law.

Answer 6

The breaking of the skin and the flow of the blood is a wound. Could be internal or external.
R v Waters

Question 7

Define ‘GBH’

Answer 7

means ‘Really serious harm’

DPP v Smith
Bodily harm needs no explanation and grievous means no more or no less than really serious.

Question 8

Explain the difference between GBH and Wounds

Answer 8

GBH is the degree or seriousness of the ‘harm’

Wound is a type of harm. i.e one stab wound.

Question 9

What are 3 ‘Intents’ of s191 CA61

Answer 9

(a) : To commit or facilitate the commission of any imprisonable offence
(b) : To avoid detection of any person in the commission of any imprisonable offence
(c) : To avoid arrest or facilitate the flight of any person upon the commission or the attempted commission of any imprisonable offence

Question 10

Explain R v Tihi in relation to the offenders intent:

Answer 10

The defendant intended (a) (b) or (c)
And intended to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

Question 11

Explain R v Crossan

Answer 11

Application of force that physically incapacitates a person.

Incapable of resistance included a powerlessness of the will as well as a physical incapacity

Question 12

Define ‘stupefy’ (R v Sturm)

Answer 12

Cause an effect on the mind or nervous system which really seriously interferes with a persons mental or physical ability that might hinder an intended crime

Question 13

Define ‘facilitate flight’ (R v Wati)

Answer 13

An imprisonable offence must have been committed or attempted before a person can be convicted of it

Question 14

Define ‘actual bodily harm’ (R v Donovan)

Answer 14

Internal or external and need not be permanent or dangerous.

More than merely transitory and trifling

Question 15

Define ‘maim’

Answer 15

Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or a sense.
Some degree or permanence

Question 16

Wound with intent to cause GBH

s188(1) CA 1961,

Answer 16

With intent to cause GBH

To any person

Wounded/maimed/disfigured/caused GBH

Any person

Question 17

What are the 3 intents of S191?

Answer 17

(a) : To commit or facilitate the commission of any imprisonable offence
(b) : To avoid detection of any person in the commission of any imprisonable offence
(c) : To avoid arrest or facilitate the flight of any person upon the commission or the attempted commission of any imprisonable offence

Question 18

What is two fold intent test for S191?

R v Tihi

Answer 18

The defendant intended (a) (b) or (c)

And

intended to cause the specified harm or was reckless to that risk

Question 19

Define stupefy

R v Sturm

Answer 19

To induce a state of stupor, to make stupid, groggy or insensible, or to dull the senses or faculties

Cause an effect on the mind or nervous system which really seriously interferes with a persons mental or physical ability that might hinder an intended crime

Question 20

Define violent means

R v Crossan

Answer 20

Application of force that physically incapacitates a person.

Incapable of resistance included a powerlessness of the will as well as a physical incapacity

Question 21

Define renders unconscious

Answer 21

Define renders unconscious

Render - Cause to be or Cause to become.

renders unconscious -
The offenders actions must cause the victim to lose consciousness. Not limited to how it is achieved.

Question 22

S191(1)(a) Facilitate the commission of any imprisonable offence

Answer 22

Facilitate the commission of any imprisonable offence

Facilitate - to make possible, easy or easier.

The defendant causes the specified harm to make it easier to commit the intended imprisonable offence.

Necessary intent required at the time harm is caused

Immaterial if he/she actually commits the intended offence or not.

Question 23

Liability

Aggravated Wounding

Answer 23

S191(1)(a,b,c) CA1961

(a)With intent to commit or facilitate the commission of any imprisonable offence
OR
(b)With intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence
OR
(c)With intent to avoid arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence

Wounds, maims, disfigures or causes GBH any person OR
Stupefies any person OR
Renders unconscious any person OR
By any violent means renders any person incapable of resistance