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Flashcards in Serious Assaults Deck (30)
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1

What is the legislation for Wounding with Intent (s188)?

1. Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to cause GBH to any one, wounds, maims, disfigures, or causes GBH to any person.
2. Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes GBH to any person.

2

What are the elements of 188(1)?

•With intent to cause GBH
•To anyone
•Wounds, maims, disfigures or causes GBH
•To any person

3

What are the elements of 188(2)?

•With intent to injure / with reckless disregard for the safety
•To anyone / of others
•Wounds, maims, disfigures or causes GBH
•To any person

4

What is the difference between the subsections of 188 and 189?

Both relate to the same outcome, the distinction is the offenders intent. ss1 has an intent to cause GBH, ss2 the intent is only to injure

5

What are the specific intentions required?

there must be an intention to commit the act and an intention to get a specific result.

6

How can intent be proven?

- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself

7

How can intent for a serious assault be proved? What is the case law?

(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.

8

What is the definition of GBH? What is the case law?

(DPP v Smith)
Bodily harm needs no explanation and “grievous” means no more and no less than “really serious.

9

What is the definition of a wound? What is the case law?

(R v Waters)
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will normally be 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.

10

What is the definition of maiming?

involves mutilating, crippling, or disabling a part of the body so as to deprive of its use. There needs to be some degree of permanence.

11

What is the definition of disfigurement?

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

12

What does disfigurement cover? What is the case law?

(R v Rapana and Murrary)
The word ‘disfigure’ covers not only permanent damage but also temporary damage.

13

What is the doctrine of transferred malice?

it is not necessary that the person suffering the harm was the intended victim. Where the harm intended for one person is accidently inflicted on another, they are still criminally responsible.

14

What is the definition of bodily harm? What is the case law?

(R v Donovan)
‘Bodily harm’…includes any hurt calculated to interfere with the health or comfort of the victim. It need not be permanent, but must be more than merely transitory and trifling.

15

What is the definition of recklessness? What is the case law?

(R v Harney)
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.

16

Define legislation for Injuring with Intent (s189)?

1. Everyone is liable to imprisonment for a term not exceeding 10 years who, with intent to cause GBH to any one, injures any person.
2. Everyone is liable to imprisonment for a term not exceeding 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person.

17

What are the differences between s188 and s189?

The mens rea is the same for both, the difference is only in the level of injury actually inflicted.

18

Define legislation for Aggravated Wounding/Injury (s191)?

1. Everyone is liable to imprisonment for a term not exceeding 14 years who with intent –
a. To commit or facilitate the commission of any imprisonable offence; or
b. To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
c. To avoid the 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 to any person, or stupefies, renders unconscious any person, or by any violent means renders any person incapable of resistance.
2. Everyone is liable to imprisonment for a term not exceeding 7 years who, with any intent as aforesaid, injures any person.

19

What intent falls under Aggravated Wounding/Injury?

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

20

What are the elements of aggravated wounding/injury?

•With intent to...(a), (b), or (c)
•Wounds, maims, disfigures, causes GBH, stupefies, renders unconscious, or by any violent means renders
•Any person / any person incapable of resistance

21

What is required to prove intent for aggravated wounding? What is the case law?

(R v Tihi)
In addition to one of the specific intents outlined, it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

22

What is the case law regarding facilitating flight?

(R v Wati)
There must be proof of the commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

23

What is the definition of stupefy?

to cause an effect on the mind or nervous system of a person, which interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.

24

What is the definition of render unconscious?

the offenders actions must cause the victim to lose consciousness.

25

What is meant by violent means?

includes the application of force that physically incapacitates a person. Is not limited to physical violence and may include threats of violence, depending on the circumstances.

26

What is the legislation for Aggravated Assault (s192)?

1. Everyone is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent –
a. To commit or facilitate the commission of any imprisonable offence; or
b. To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
c. To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
2. Everyone is liable to imprisonment for a term not exceeding 3 years who assaults any constable or any person acting in aid of any constable, or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his duty.

27

What is the definition of assault?

means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable ground that he has, present ability to effect his purpose.

28

What is the definition of "to injure?

to injure means to cause actual bodily harm

29

What does facilitate mean?

To facilitate means to make possible or to make it easy or easier

30

What does imprisonable offence mean?

An offence which is punishable by imprisonment