New Zealand Law/Criminal/Assault

Offences

Wounding with Intent

A person is guilty of the offence who:
(a) with intent to cause gbh – maims, disfigures or causes gbh
(b) with intent to injure – maims, disfigures or causes gbh.

maim: to cause a person to be unable to uses one of his members

Injury with Intent

A person is guilty of the offence who:
(a) with intent to cause gbh – injures anyone
(b) with intent to injure – injures anyone

Injury by Unlawful Act

Injuring where if death had occurred it would have been manslaughter.

Aggravated Wounding/Injury

A person is guilty of the offence who with intent to:

(a) commit a crime;

(b) avoid arrest;

(c) avoid detection; or

(d) facilitate flight

either:

(i) wounds, maims, disfigures, causes gbh, stupefies, renders unconscious, renders incapable of offering resistence; or

(ii) injures anyone.

maim: to cause a person to be unable to use one of his members.

Aggravated Assault

A person is guilty of the offence who either:
(a) assault with intent to commit a crime
(b) obstructing a constable in the execution of his duty.

Assault with Intent to Injure

A person is guilty of the offence who with intent to injure, assaults anyone.

Cases

R v Kerr

• Facts

The defendant, a gang member, went looking for a rival gang member.

The victim attacked the defendant with a pipe.

The defendant pulled out a knife, stabbed and killed the victim; the defendant was subsequently charged with murder.

• Held

1. Judge should leave defence to jury unless it is impossible for jury to entertain reasonable doubt.
2. Quoting Palmer

- a person under attack cannot weigh to a nicety the exact measure of necessary defensive action;

- if a person did what he honestly and instinctively considered necessary, it is pretty powerful evidence that it was reasonable defensive action.

R v Nazif

• Question

Can a person consent to assault?

• Held

1. Common law defence saved by s 20 Crimes Act except where not in the public interest.
2. Honest belief in consent sufficient (unless otherwise provided in statute).
3. Belief need not be reasonable but goes to whether belief actually held.

R v Mwai

• Facts

M had unprotected sex with several women after becoming HIV positive. Charged with causing gbh.

• Held

1. Not necessary for act to be the sole cause, enough that is a sufficient cause.
2. Virus and women’s immune system were causes, but def was a substantial cause.

Lazarus v Police

• Facts:

Defendant broke window of a car with a golf club. Some of the glass struck an occupant.

• Held:

It is only assault if the defendant;

(i) intended to apply force to someone; or

(ii) intended someone to feel personally threatened.

cf Kerr – where it was held that there can be a threat even if the victim is unaware.