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.
 • 


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