Non Fatal Offences
10/1/08
INTRODUCTION NON‐FATAL OFFENCES OF VIOLENCE
• Defined in Part 8 Crimes Act 1961. –Crimes Against the Person. • Here concerned to look at crimes falling short of murder or manslaughter. • Sexual offences defined in Part 7 CA 1961. • Offences within Part 8 include: • Homicide (ss158 ‐181) • AborTon (ss182 – 187A) • Assaults to the person (ss 188 ‐204) • Female genital muTlaTon (ss 204A‐204B) • Bigamy (ss 205 – 207) • AbducTon (ss 208 – 210A)
1 2
Assault
• A generic offence covering a broad range of
• • • • conduct. (unconsented to kiss to grievous physical a\ack). Injury not a necessary element of assault. IncorporaTon of concepts of “assault” and “ba\ery”. Assault may include ba\ery, but ba\ery must involve some applicaTon of unlawful force, whether direct or indirect. Assault may be saTsfied by a threat to inflict unlawful force on another.
3
Assault (cont)
• Words alone cannot consTtute an assault, but walking towards someone making indecent suggesTons may be an assault (see Fogden v Wade [1954] NZLR 724). • Assault on basis of threats and gestures alone possible because of way assault defined in Crimes Act 1961. •
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1
10/1/08
DefiniTon of Assault
• S 2 Crimes Act 1961: • “Assault means the act of intenTonally applying or a\empTng to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such 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.”
5
Threat need not be communicated
• R v Kerr [1988] 1 NZLR 270 –Accused seen to approach
V while holding axe at waist level. • Held. Made no difference that V unaware of threatening display, because state of mind of recipient of threatening act or gesture is not a relevant consideraTon. • QuesTon: would there have been an
INTRODUCTION NON‐FATAL OFFENCES OF VIOLENCE
• Defined in Part 8 Crimes Act 1961. –Crimes Against the Person. • Here concerned to look at crimes falling short of murder or manslaughter. • Sexual offences defined in Part 7 CA 1961. • Offences within Part 8 include: • Homicide (ss158 ‐181) • AborTon (ss182 – 187A) • Assaults to the person (ss 188 ‐204) • Female genital muTlaTon (ss 204A‐204B) • Bigamy (ss 205 – 207) • AbducTon (ss 208 – 210A)
1 2
Assault
• A generic offence covering a broad range of
• • • • conduct. (unconsented to kiss to grievous physical a\ack). Injury not a necessary element of assault. IncorporaTon of concepts of “assault” and “ba\ery”. Assault may include ba\ery, but ba\ery must involve some applicaTon of unlawful force, whether direct or indirect. Assault may be saTsfied by a threat to inflict unlawful force on another.
3
Assault (cont)
• Words alone cannot consTtute an assault, but walking towards someone making indecent suggesTons may be an assault (see Fogden v Wade [1954] NZLR 724). • Assault on basis of threats and gestures alone possible because of way assault defined in Crimes Act 1961. •
4
1
10/1/08
DefiniTon of Assault
• S 2 Crimes Act 1961: • “Assault means the act of intenTonally applying or a\empTng to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such 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.”
5
Threat need not be communicated
• R v Kerr [1988] 1 NZLR 270 –Accused seen to approach
V while holding axe at waist level. • Held. Made no difference that V unaware of threatening display, because state of mind of recipient of threatening act or gesture is not a relevant consideraTon. • QuesTon: would there have been an