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R v Clover [2023] NZDC 24142

Published 18 December 2024

Judge-alone trial — wounding with intent to cause grievous bodily harm — attack with weapon. The defendant faced a charge of wounding with intent to cause grievous bodily harm. He was alleged to have repeatedly struck the complainant on the arm and hand with a steel bar, causing a wound and several fractures. Medical evidence suggested that the defendant had been trying to hit the complainant in the head, and that the fractures to the complainant's hand and arm were defensive injuries. The defendant admitted to the attack, saying that he had believed that the complainant was a sex offender and that he had only wanted to teach him a lesson. However the defendant claimed that he had hit the complainant's hand and arm on purpose, and denied trying to hit the complainant in the head. Therefore, the prosecution had the burden of proving that the defendant had had the intention required for a charge of wounding with intent to cause grievous bodily harm. The Court found that it must have been obvious to the defendant that repeatedly striking the complainant with a metal bar would cause the complainant serious harm, especially given that the complainant was old and frail. Also the defendant had chosen to take a metal bar with him when he went to confront the complainant, so he must have intended to cause serious harm. The charge was proven. Judgment Date: 1 November 2023