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18 Cards in this Set
- Front
- Back
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Wounding with intent to cause GBH Section 188(1) Garage |
With intent to cause GBH To any one Wounds OR maims OR disfigures OR causes GBH To any person |
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Wounding with intent Section 188(2) Front door of home |
With intent to injure any one Or with reckless disregard for the safety of others Wounds OR mains OR disfigures OR causes GBH To any person |
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Injuring with intent Section 189(1) Garage |
With intent to cause GBH To any one Injures Any person |
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Injuring with intent Section 189(2) Front door of home |
With intent to injure anyone OR with reckless disregard for the safety of others Injures Any person |
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Aggravated wounding Section 191(1)(a)(b)(c) Inside home |
A) with intent to commit or facilitate the commission of any imprisonable offence B) with intent to avoid detection of himself or any other person in the commission of an imprisonable offence C) with intent to avoid arrest or facilitate flight of himself or any other person upon the commission of any imprisonable offence Wounds any person OR maims any person OR disfigures any person OR causes GBH to any person OR stupefies any person OR renders unconscious any person OR by any violent means renders any person incapable of resistance |
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Aggravated injuring Section 191(2) Inside home |
A) with intent to commit or facilitator the commission of any imprisonable offence B) with intent to avoid detection of himself or any other person in the commission of an imprisonable offence C) with intent to avoid arrest or facilitate flight of himself or any other person upon the commission of any imprisonable offence Injures Any person |
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Intent Outside home |
1) Intention to commit the act 2) Intention to get a specific result |
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R v Taisalika - Intent |
Nature of the blow and gash it produced on complainants head strongly point to presence of necessary intent |
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R v Waters - Wounds H2O bottle |
1) characteristic of wound: breaking of the skin 2) breaking of the skin evidenced by flow of blood at site of blow or impact 3) more often than not external but may be internal - separation of tissue |
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R v Rapana and Murray - Disfigures Royal Mail |
The word disfigure covers not only permanent damage but also temporary damage Deform, deface, mar or alter the figure or appearance of a person |
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R v Donovan - Bodily Harm Horse 'Donovan' eating a calculator |
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 |
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R v Harney - Recklessness Rubber Duck |
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen,together with an intention to continue the course of conduct regardless of the risk |
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DPP v Smith - Grevious Dogs Playing Poker |
Bodily harm needs no explanation and "grievous" means no more or no less than "really serious" |
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R v Tihi - Two-fold test for intent |
In addition to one of the specific intents outlined in paragraphs (a), (b) or (c) 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 |
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R v Wati - Facilitate flight |
There must be proof of the commission or attempted 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 |
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R v Sturm - Stupefy |
To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person's mental or physical ability to act in any way which might hinder and intended crime |
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R v Crossan - Incapable of resistance Crossan on the top of a will (letter) |
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity |
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R v Sturm - Facilitate the commission (make possible or make easy or easier) |
Under section 191(1)(a) - intent to commit or facilitate the commission - it is not actually necessary for the prosecution to prove the intended crime was actually subsequently committed |
