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CIB Induction - Auckland 2017 > Wounding with Intent > Flashcards

Flashcards in Wounding with Intent Deck (16)
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1
Q

Wounding with Intent

A

Section 188 (2), Crimes Act 1961

2
Q

Penalty

A

7 years

3
Q

Elements

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
4
Q

Intent

A

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.

5
Q

R v Taisalika

A

The nature of the blow and the gash which is produced on the complainant’s head would point strongly to the presence of the necessary intent.

6
Q

Injure

A

Means to cause actual bodily harm

Section 2, Crimes Act 1961

7
Q

R v Donovan

A

R v Donovan
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.

8
Q

With reckless disregard

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.

9
Q

R v Harney

A

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.

10
Q

Wound - R v Waters

A

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 where the bleeding which evidences the separation of tissues may be internal.

11
Q

Maims

A

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

12
Q

Disfigures

A

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

13
Q

R v Rapana & Murray

A

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

14
Q

GBH

A

Grievous bodily harm - simply “harm that is really serious”

15
Q

DPP v Smith

A

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

16
Q

Person

A

Gender Neutral. Proven by judicial note or circumstantially.

Decks in CIB Induction - Auckland 2017 Class (65):