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1

Person

Gender Neutral. Proven by Judicial notice or circumstantial evidence

2

Rape


Sexual Violation By Rape

RAPE
Person A rapes Person B if Person A has sexual connection with Person B, effected by the penetration of Person B's genitalia by Person A's penis,
(a) without person B's consent to the connection AND
(b) without believing on reasonable grounds that Person B consents to the connection
Sec 128(2), Crimes Act 1961

PENETRATION
Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection
Sec 2(1A), Crimes Act 1961

PROOF OF PENETRATION IS REQUIRED
Proof my be provided by:
- the complainant's evidence
- medical examination, (DNA, injuries)
- accused's admissions

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)
Sec 2, Crimes Act 1961

The genitalia comprise the reproduction organs, interior and exterior . . . they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
R v KOROHEKE

Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex)
Sec 2, Crimes Act 1961

CONSENT
"Consent" is a person's conscious and voluntary agreement to something desired or proposed by another.

Consent must be "full, voluntary, free and informed . . . freely and voluntarily given by a person in a position to form a rational judgement".
R V COX

MATTERS THAT DO NOT CONSTITUTE CONSENT - Sec 128A CA 1961
- not protesting or offering physical resistance to use force.
- application of force to self or others, threats of force to self or others or fear of force to self or others
- asleep or unconscious
- so affected by drugs/alcohol they cannot consent
- so affected by mental or physical impairment they cannot consent
- mistaken ID
- mistaken as to the nature and quality of the act
(Only include those relevant to the scenario, if any)

REASONABLE GROUNDS
The establishing of reasonable grounds is a three step process
Subjective test - step 1 - absence of consent
What was the complainant thinking at the time? was s/he consenting?
Subjective test - step 2 - belief in consent
If s/he were not consenting did the offender believe the complainant was consenting? ie what was the offender thinking at the time
Subjective test - step 3 - Reasonable grounds for belief of consent
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. Ie what would a reasonable person have believed if placed in the same position as the defendant?

Under the objective test the crown must prove that "no reasonable person in the accused's shoes could have thought that [the complainant] was consenting".
R v GUTUAMA

3

Has Unlawful Sexual Connection

Sexual Violation By Unlawful Sexual Connection

UNLAWFUL SEXUAL CONNECTION - Sec 128(3) CA
Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B -
(a) without person B's consent to the connection AND
(b) without believing on reasonable grounds that Person B consents to the connection

Sec 2 CA, SEXUAL CONNECTION
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose, of
1 - a part of the body of another person; or
2 - an object held or manipulated by another person or
(b) connection between the mouth or tongue of one person and a part of another persons genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

PENETRATION
Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection
Sec 2(1A), Crimes Act 1961

PROOF OF PENETRATION IS REQUIRED
Proof my be provided by:
- the complainant's evidence
- medical examination, (DNA, injuries)
- accused's admissions

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)
Sec 2, Crimes Act 1961 (only include if relevant)

The genitalia comprise the reproduction organs, interior and exterior . . . they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
R v KOROHEKE (only include if relevant)

OBJECTS HELD OR MANIPULATED:
Any object that can be held or manipulated by the other person - e.g bottle or vibrator

CONSENT
"Consent" is a person's conscious and voluntary agreement to something desired or proposed by another.

Consent must be "full, voluntary, free and informed . . . freely and voluntarily given by a person in a position to form a rational judgement".
R V COX

MATTERS THAT DO NOT CONSTITUTE CONSENT - Sec 128A CA 1961
- not protesting or offering physical resistance to use force.
- application of force to self or others, threats of force to self or others or fear of force to self or others
- asleep or unconscious
- so affected by drugs/alcohol they cannot consent
- so affected by mental or physical impairment they cannot consent
- mistaken ID
- mistaken as to the nature and quality of the act
(Only include those relevant to the scenario, if any)

REASONABLE GROUNDS
The establishing of reasonable grounds is a three step process
Subjective test - step 1 - absence of consent
What was the complainant thinking at the time? was s/he consenting?
Subjective test - step 2 - belief in consent
If s/he were not consenting did the offender believe the complainant was consenting? ie what was the offender thinking at the time
Subjective test - step 3 - Reasonable grounds for belief of consent
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. Ie what would a reasonable person have believed if placed in the same position as the defendant?

Under the objective test the crown must prove that "no reasonable person in the accused's shoes could have thought that [the complainant] was consenting".
R v GUTUAMA

4

Assaults another person


(Assault with Intent to Commit Sexual Violation)

ASSAULT
Assault means the act of intentionally applying or attempting to apply force to a person of another directly or indirectly, or threatening by any act or gesture to apply such a force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning.
Sec 2, CA 1961

5

With intent to commit sexual violation


(Assault with Intent to Commit Sexual Violation)

INTENT
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.

SEXUAL VIOLATION
(1) Sexual Violation is the act of a person who
(a) rapes another person; or
(b) has unlawful sexual connection with another person
Sec 128(1), Crimes Act 1961

RAPE
Person A rapes Person B if Person A has sexual connection with Person B, effected by the penetration of Person B's genitalia by Person A's penis,
(a) without person B's consent to the connection AND
(b) without believing on reasonable grounds that Person B consents to the connection
Sec 128(2), Crimes Act 1961

OR

UNLAWFUL SEXUAL CONNECTION - Sec 128(3) CA
Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B -
(a) without person B's consent to the connection AND
(b) without believing on reasonable grounds that Person B consents to the connection

Sec 2 CA, SEXUAL CONNECTION
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose, of
1 - a part of the body of another person; or
2 - an object held or manipulated by another person or
(b) connection between the mouth or tongue of one person and a part of another persons genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

6

Has sexual connection


(Sexual Conduct with dependant family member)

(Sexual Conduct with a child under 12)

(Sexual Conduct with a Young Person under 16)

Sec 2 CA, SEXUAL CONNECTION
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose, of
1 - a part of the body of another person; or
2 - an object held or manipulated by another person or
(b) connection between the mouth or tongue of one person and a part of another persons genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

PENETRATION
Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection
Sec 2(1A), Crimes Act 1961

PROOF OF PENETRATION IS REQUIRED
Proof my be provided by:
- the complainant's evidence
- medical examination, (DNA, injuries)
- accused's admissions

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)
Sec 2, Crimes Act 1961 (only include if relevant)

The genitalia comprise the reproduction organs, interior and exterior . . . they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
R v KOROHEKE (only include if relevant)

7

with a dependant family member
under 18 years



(Sexual Conduct with dependant family member)

DEPENDANT FAMILY MEMBER
Section 131A(1) CA 61
Dependant family member defined
For the purpose of section 131 one person is a dependant family member of another person
(a) if the other person has power or authority over him or her, and is -
(i) his or her parent, step parent, foster parent, gaurdian, uncle or aunt; or
(ii) a parent, step-parent or foster parent of a person described in subparagraph (i) or
(iii) a child of his or her parent or step-parenjt; or
(iv) the spouse or de facto partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) or

OR

SECTION 131A(1)(b) CA 61
if they are members of the samily family, whanau or other culturally recognized family group, and the other person
(i) is not a person referred to it paragraph (a) but
(ii) has a responsibility for or significant role in, his or her care or upbringing; or

OR

SECTION 131A(1)(c) CA 61
if he or she is living with the other person as a member of the other persons family and the other is not a person referred to in paragraph (a) but has
(i) power or authority over him or her and
(ii) a responsibility for, or significant role in, his or her care or upbringing

PROVING AGE
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the vicitm's] age.
R V Forrest and Forrest

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

8

With/on a child

(Sexual Conduct with a child under 12)

CHILD
Child means a person under the age of 12 years old
Section 132(6)(a)

PROVING AGE
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the vicitm's] age.
R V Forrest and Forrest

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

9

Does an Indecent Act


(Sexual Conduct with a child under 12)

(Sexual Conduct with a Young Person under 16)

INDECENT ACT
An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values

INDECENCY
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of [the complainant]
R V Court

If such an act is done with the consent of the child/young person, it is immaterial whether:
- the offender does the act on the child
- the child does the act on the offender
- the act is mutual

Doing an indecent act on a child includes indecently assaulting the child
Sec 132(6)(b) CA 61

10

With/on a young person

(Sexual Conduct with a young person under 16)

YOUNG PERSON
Young person means a person under the age of 16 years old
Section 134(6)(a)

PROVING AGE
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the vicitm's] age.
R V Forrest and Forrest

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

11

Indecently Assaults


(indecent Assault)

INDECENT ASSAULT
The definition of indecent assault is an assault accompanied with circumstances of indecency
R v LEESON

INDECENT ACT
An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values

INDECENCY
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of [the complainant]
R V Court

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 the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning
Sec 2 CA 61

12

Knowing any
person
to be a party to an
offence


(Accessory After The Fact)

KNOWING
The accused must have knowledge that the person that they are being an accessory to was part to an offence at the time of assisting them.

Knowing means knowing or correctly believing. . . the belief must be a correct one, where the belief is wrong a person cannot know something
Simester and Brookbanks

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to an offence.
R v CROOK

Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth
R v BRIGGS

PERSON
Gender neutral. Proven by judicial notice or circumstantially

PARTY 66(1) CA 61
Defines a person who
- commits the offence
- does or omits an act for the purpose of aiding any person to commit the offence
- abets any person in the commission of the offence
- incites, counsels or procures any person to commit the offence

OFFENCE
Any act or omission that is punishable on convictionunder any enactment, and are demarcated into four categories.

A person charged with being an accessory after the fact is entitled to insist on proof of the principal crime and to challenge the evidence of it even if the principal offender has pleaded guilty.

13

Receives,
Comforts or
Assists that
person
OR
Tampers with or
actively suppresses any evidence against him or her


(Accessory After The Fact)

RECEIVES/COMFORTS OR ASSISTS
The accused does a deliberate act for the purpose of assisting the person to evade justice. The act done must actually help the person in some way.

TAMPERS WITH/ACTIVELY SUPPRESSES EVIDENCE
Must do a deliberate act in relation to evidence against the offender for the purpose of assisting the person to evade justice. The act must be actually help the person.

14

In order to enable him or her to escape after arrest
OR
to avoid arrest or conviction

To be considered an accessory the acts done by the person must be after the completion of the offence
R v MANE

The act must have specifically assisted the offender after they had been arrested.
OR
All acts must be done by accused the the express intention that the person evades justice either by avoiding arrest or conviction

15

Theft


(Robbery)

THEFT
- Dishonestly
- A without claim of right
- taking any property with intent to deprive any owner permanently of that property
- or of any interest in that property
Sec 219(1) CA 1961

Larceny [or theft] is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out
R v SKIVINGTON

PROPERTY
Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt and anything in action, and any other right or interest
SEC 2 CA 61

Robbery is complete the instant the property is taken, even if possession by the thief is only momentarily.
R v LAPIER

Possession must be actual or potential

ACTUAL POSSESSION
Actual Possession arises where the thing in question is in a persons physical custody or control

Possession involves two key elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
R v COX

OR

POTENTIAL POSSESSION
Potential possession arises when the person has the potential to have the thing in question in their control. For example, storing the thing in question at an associates house of through an agent.

16

Accompanied by
violence
Or
Threats of violence


(Robbery)

ACCOMPANIED BY
The prosecution must prove:
- a connection between the violence or threats of violence and the stealing of property.
- the defendant had an intent to steal at the time the violence or threats were used
- the violence of threats were used for the purpose of extorting the property or preventing or overcoming resistance to it being stolen

It is implicit in 'accompany' that there must be a nexus (connection or link) between the act of stealing and a threat of violence. Both must be present. However the term does not require that the act of stealing and the threat of violence be contemporaneous.
R v MAIHI

VIOLENCE
In the context of robbery, violence must involve more than a minimal degree of force and more than a technical assault, but need not involve the infliction of bodily injury.

It is sufficient that "the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort.
PENEHA v Police

OR

THREATS OF VIOLENCE
A threat is generally a direct or veiled warning that violence will be used if the victim does not submit to the robbers demands.

Threats may also be conveyed by inference through the defendants conduct, demeanour or even appearance, depending on the circumstances.

A Threat of violence is "the manifestation of an intention to inflict violence unless the money or property be handed over. The threat may be direct of veiled. It may be conveyed by words or conduct, or a combination of both."
R v Broughton [1986] 1 NZLR 641

17

To any person
OR
Property


(Robbery)

TO ANY PERSON
Gender neutral. Proven by judicial notice or circumstantially.

Violence or threats can be directed at any person not just the victim and any property or interest.

PROPERTY
Includes real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt and anything in action, and any other right or interest
SEC 2 CA 61

18

Used to extort the property stolen
OR
Prevent or overcome resistance to it being stolen


(Robbery)

EXTORT
To extort means to obtain by coercion or intimidation.

Extortion implies an overbearing of the will of the victim, and the prosecution must show that the threats induced the victim to part with his property.

OR

PREVENT
To keep from happening

OVERCOME
To defeat; to prevail over; to get the better of in a conflict

19

Robs any person


(Aggravated Robbery)

ROBBERY
- Theft
- accompanied by violence of threats of violence
- to any person or property
- used to extort the property stolen or to prevent or overcome resistance to its being stolen
Sec 234(1) CA 61

PERSON
Gender neutral. Proven by judicial notice or circumstantially.

20

And at the time of
or
Immediately before
or
immediately after the robbery


(Aggravated Robbery)

AT THE TIME OF
During the commission of the theft, at the time of taking with the required intent.

IMMEDIATELY BEFORE
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.

IMMEDIATELY AFTER THE ROBBERY
Refers to the connection in time between the robbery and the infliction of grievous bodily harm.

21

Causes GBH to any person


(Aggravated Robbery)

GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as harm that is really serious

Bodily harm needs no explanation and grievous means no more and no less than really serious
DPP v SMITH

PERSON
Gender neutral. Proven by judicial notice or circumstantially.

22

Being together with any other person
or
persons


(Aggravated Robbery)

BEING TOGETHER WITH:
There must be proof that, in committing the robbery, the defendant was part of a joint enterprise by two or more persons who were physically present at the Robbery

Being together in the context of 235(b) involves "two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime
R v GALEY

The crown must establish that at least two persons were physically present at the time the robbery was committed or the assault occurred.
R v JOYCE

23

Robs


(Aggravated Robbery)

ROBBERY
- Theft
- accompanied by violence of threats of violence
- to any person or property
- used to extort the property stolen or to prevent or overcome resistance to its being stolen
Sec 234(1) CA 61

24

Being armed with any offensive weapon
OR
Instrument
OR
Anything appearing to be such a weapon or instrument

BEING ARMED WITH
The term being armed with means that the defendant is carrying the item or has it available for immediate use as a weapon.

OFFENSIVE WEAPON Sec 202A(1) CA 61
Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

OR

INSTRUMENT
The term instrument is not defined by statute, but will include any item intended to be used as a weapon or to intimidate and overbear the victims will to resist.

OR

ANYTHING APPEARING TO BE SUCH A WEAPON OR INSTRUMENT
It must be proved both that the object appeared to be an offensive weapon or instrument to the victim and that the defendant intended or was at least reckless as to the possibility that it would be perceived as a weapon.

25

With intent to cause Grievous Bodily Harm


(Wounding with intent to cause GBH)

(Injuring with intent)

INTENT
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.

The nature of the blow and the gash which it produced on the complainants head would point strongly to the necessary intent.
R v TAISALIKA

GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as harm that is really serious

Bodily harm needs no explanation and grievous means no more and no less than really serious
DPP v SMITH

26

Wounds
OR
Maims
OR
Disfigures
OR
Causes GBH



(Wounding with intent to cause GBH)

(Wounding with intent)

WOUND
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 were the bleeding which evidences the separation of tissues may be internal.
R v WATERS

OR

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

OR

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

The word disfigures covers not only permanent damage but also temporary damage
R v RAPANA and MURRAY

OR

GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as harm that is really serious

Bodily harm needs no explanation and grievous means no more and no less than really serious
DPP v SMITH

27

With intent to injure anyone
OR
With reckless disregard for the safety of others


(Wounding with intent)

(injuring with intent)

INTENT
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.

The nature of the blow and the gash which it produced on the complainants head would point strongly to the necessary intent.
R v TAISALIKA

INJURE Sec 2 CA 61
Means to cause actual bodily harm

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.
R v DONOVAN

OR

WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS
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.

Recklessness is the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless or risk
R v HARNEY

28

Injures

(Injuring with intent)

(Aggravated Injuring)

INJURE
Means to cause actual bodily harm
Sec 2 CA 61

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.
R v DONOVAN

29

(a) With intent to commit or facilitate the commission of an imprisonable offence

OR

(b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence

OR

(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence


(Aggravated wounding)

INTENT
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.

The nature of the blow and the gash which it produced on the complainants head would point strongly to the necessary intent.
R v TAISALIKA

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

SUB SECTION (a)
FACILITATE THE COMMISSION
To make possible or to make easy or easier

Under section 191(1)(a) "it is not necessary for the prosecution to prove the intended crime was actually subsequently committed
R v STURM

OR

SUB SECTION (b)
AVOID DETECTION
offences under section 191(1)(b) ariuse during the commission of an imprisonable where the offender causes the specified harm to prevent himself or another person from being "caught in the act"

OR

SUB SECTION (c)
FACILITATE FLIGHT
To make possible or to make easier.
The specified harm is caused to enable the offenders to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence

IMPRISONABLE OFFENCE SEC 5 CPA 2011
Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment

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

30

Wound any person
OR
Maim any person
OR
Disfigure any person
OR
Cause GBH to any person
OR
Stupefies any person
OR
Renders unconscious any person
OR
By any violent means renders any person incapable of resistance


(Aggravated Wounding)

(Aggravated Injuring)

WOUND
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 were the bleeding which evidences the separation of tissues may be internal.
R v WATERS

OR

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

OR

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

The word disfigures covers not only permanent damage but also temporary damage
R v RAPANA and MURRAY

OR

GRIEVOUS BODILY HARM
Grievous bodily harm can be defined simply as harm that is really serious

Bodily harm needs no explanation and grievous means no more and no less than really serious
DPP v SMITH

OR

STUPEFIES
To stupefy means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime
R v STURM

OR

RENDERS UNCONSCIOUS
To render a person unconscious, the offender's actions must cause the victim to lose consciousness

OR

ANY VIOLENT MEANS
Includes the application of force that physically incapacitates a person

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
R V CROSSAN

PERSON
Gender neutral. Proven by judicial notice or by circumstantial evidence.