Wounding with Intent Flashcards Preview

CIB 010 - Violence Offences > Wounding with Intent > Flashcards

Flashcards in Wounding with Intent Deck (15)
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1
Q

Section and Penalty

A

Sec 188(2) Crimes Act 1961

7 Years Imp

2
Q

Ingredients

A
1) With Intent to Injure Anyone
OR
With reckless disregard for the safety of others
2) Wounds
OR
Maims
OR
Disfigures 
OR
Causes GBH
3) To any person
3
Q

Intent

A

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.

4
Q

R v Taisalika

A

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.

5
Q

Injure - Sec 2 Crimes Act 1961

A

Means to cause actual bodily harm.

6
Q

R v Donovan

A

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.

7
Q

With Reckless Disregard for the safety of others

A

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.

8
Q

R v Harney

A

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.

9
Q

R v Waters

Wound

A

A breaking in the skin with a flow of blood, more often than not will be external, may be internal.

10
Q

Maims

A

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

11
Q

Disfigures

A

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

12
Q

R v Rapana and Murray

A

The word disfigure covers not only permanent damage but also temporary damage.

13
Q

Grievous Bodily Harm

A

Grievous bodily harm can be defined as harm that is really serious.

14
Q

DPP v Smith

A

Bodily harm needs no explanation and grievous means no more and no less than really serious.

15
Q

Any Person

A

Gender neutral. Proven by judicial notice or circumstantial evidence.