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Flashcards in Violence Liabilities Defenitions Deck (39)
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1

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

2

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

3

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

4

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

5

(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)

(Aggravated Injuring)

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

6

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)

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.

7

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.

8

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

9

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

10

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

11

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.

12

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.

13

Causes GBH to any person


(Aggravated Robbery)

(Assault with Intent to Rob )

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.

14

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

15

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

16

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

(Aggravated Robbery)

(Assault with Intent to Rob )

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.

17

With intent to do GBH

(Discharging a Firearm with intent)

(Doing Dangerous Act 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.

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

18

Discharges any firearm, airgun or similar weapon

(Discharging a Firearm with intent)

DISCHARGES
To “discharge” in this context means “to fire or shoot.”

FIREARM - Sec. 2, Arms Act 1983
Firearm—
(a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b) Includes—
(i) Anything that has been adapted
(ii) Anything which is not for the time being capable but which, by its completion or the replacement of any component or repair of any defect would be a firearm
(iii) Anything dismantled or partially dismantled and
(iv) Any specially dangerous airgun

AIRGUN - Sec 2, Arms Act 1983
Includes
(a) Any air rifle; and
b) Any air pistol; and
c) Any weapon from which, by the use of gas or compressed air (and not
by force of explosive), any shot, bullet, missile, or other projectile can be discharged:

19

At any person

(Discharging a Firearm with intent)

R v PEKEPO
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person
must be established.

Person
Gender neutral. Proven by judicial notice or circumstantially

20

Sends or delivers to any person
or
Puts in any place

(Doing Dangerous Act with intent)

SENDS OR DELIVERS:
The terms “send” and “deliver” take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier.

PERSON:
Gender neutral. Proven circumstantially or by judicial notice

OR

PUTS IN ANY PLACE
Would take on it’s normal meaning and would include any place an item can be left

21

Any explosive
OR
Injurious substance or Device

(Doing Dangerous Act with intent)

EXPLOSIVE
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an
explosion or of producing a pyrotechnic effect,
Includes: gun powder, gelignite, detonators
Does Not Include: Firearms, fireworks
Sec.2, Arms Act 1983

OR

INJURIOUS SUBSTANCE OR DEVICE
The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing Anthrax powder that
is mailed to a political target

COMPLETION OF OFFENCE
Although offences under section 198(1)(a) require the actual discharge of a firearm at a person, under section 198(1)(b) it is not necessary for an explosion to occur; the offence is complete when an explosive or an injurious substance or device is sent, delivered, or put in place. However, the substance must have the capacity to explode or cause injury.

22

Sets fire

(Doing Dangerous Act with intent)

SETS FIRE
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.

23

To any property

(Doing Dangerous Act with intent)

PROPERTY
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in
action, and any other right or interest.
Sec 2, Crimes Act 1961

24

Uses any firearm in any manner whatever

(Uses any Firearm Against Law Enforcement Officer)

USE IN ANY MANNER WHATEVER
The primary meaning of the word "use" in relation to a firearm is to fire it, however the words “in any manner whatever” widen the definition to include a range of acts that stop short of actually shooting at an officer

“Use in any manner whatever” is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means
the same thing...
POLICE V PARKER

FIREARM - Sec. 2, Arms Act 1983
Firearm—
(a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b) Includes—
(i) Anything that has been adapted
(ii) Anything which is not for the time being capable but which, by its completion or the replacement of any component or repair of any defect would be a firearm
(iii) Anything dismantled or partially dismantled and
(iv) Any specially dangerous airgun

25

Against any Constable,
or
any traffic officer,
or
any prison officer acting in the course of his or her duty

(Uses any Firearm Against Law Enforcement Officer)

AGAINST ANY CONSTABLE
Constable means a Police employee who—
(a) holds the office of constable (whether appointed as a constable under the
Police Act 1958 or this Act); and
(b) includes a constable who holds any level of position within the New Zealand
Police
Sec. 4, Policing Act 2008

ACTING IN THE COURSE OF HIS OR HER DUTY
The term includes every lawful act which a constable does while on duty, and may include acts done where the circumstances create a professional obligation for a Constable to exercise policing duties while off duty.
However, an officer who is acting unlawfully, cannot be said to be “acting in the course of his or her duty.”
(only if it relates to the scenario)

26

Knowing that,
Or
Being reckless whether or not
that the person is a Constable
or
traffic officer,
or
prison officer
so acting

(Uses any Firearm Against Law Enforcement Officer)

KNOWING THAT PERSON IS A MEMBER OF THE POLICE SO ACTING
The accused must know the victim is a police officer and know that the officer is acting in the course of his or her duty, or be reckless as to those facts.

KNOWING
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

OR

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 risk.
R v HARNEY

27

In committing any imprisonable offence

(Commission of an Imprisonable Offence with a Firearm)

Must be in the commission of an imprisonable offence.

IMPRISONABLE OFFENCE – section 5 ,Criminal Procedure Act 2011
in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment:

28

Uses any firearm

(Commission of an Imprisonable Offence with a Firearm)

USES
Has a narrower meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club.

FIREARM - Sec. 2, Arms Act 1983
Firearm—
(a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b) Includes—
(i) Anything that has been adapted
(ii) Anything which is not for the time being capable but which, by its completion or the replacement of any component or repair of any defect would be a firearm
(iii) Anything dismantled or partially dismantled and
(iv) Any specially dangerous airgun

29

With Intent to Rob any person

(Assault with Intent to Rob )

INTENT
A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…
R v MOHAN

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.
R v WAAKA

ROBBERY
• Theft
• accompanied by violence or 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), Crimes Act 1961

PERSON
Gender neutral. Proven circumstantially or by judicial notice.

30

Being together with any other person or persons


(Assault with intent to Rob)

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

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