Injuring with intent to cause grievous bodily harm (Section 189(1) Crimes Act 1961)

Charge 1: Injuring with intent to cause grievous bodily harm under s 189(1) of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that Mr Smith struck Ms Jones’ arm with a screwdriver?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that, in striking Ms Jones’ arm with the screwdriver, Mr Smith caused Ms Jones’ injury or contributed significantly to her injury?
	"Injury" means actual bodily harm. That is discomfort that is more than minor or momentary. The harm need not be permanent or long-lasting. It may be internal or external. [Note: It is not necessary to prove an assault – all that is needed is proof that the defendant’s conduct caused the required harm. However, in some cases there will be a dispute as to causation. If causation is at issue, this question should be included which, in accordance with Hudson v R [2013] NZCA 256, asks whether the jury is sure the defendant’s actions caused the injury or contributed significantly to that consequence.] If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith intended to cause grievous bodily harm to Ms Jones when he struck her arm with the screwdriver?
	"Grievous bodily harm" is really serious harm interfering with health or human function. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.