FOCUS Serious Assaults Flashcards
Wounding With Intent to Cause GBH
List:
- Tops & Sides
- Case Law
- Definition Headings
Section 188(1)
Crimes Act 1961
Penalty: 14 years
With Intent to Cause GBH / To Anyone / Wounds OR Maims OR Disfigures OR Causes GBH / To any person
DPP v Smith
R v Rapana and Murray
R v Waters
R v Talsalika
Intent GBH Person Wounds Maims Disfigures
Define Intent
A person does something intentionally if they meant o do it; they desire a specific result and act with the aim or purpose of achieving it
Define GBH
Grievous bodily harm can be defined simply as “harm that is really serious”
Define Person
Gender Neutral
Define Wound
A BREAKING OF THE SKIN would be commonly regarded as a characteristic of a wound.
The breaking of the skin will be normally evidenced by a flow of blood and, in its occurrence at the site of the blow or impact, the wound will ore often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.
Define Maims
Will involve mutilating, crippling or disabling part of the body so victim deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.
Define Disfigures
To disfigure means to deform or deface, to mar or alter the figure or appearance of a person
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious.
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage.
Define GBH
GBH is defined as harm that is really serious.
Wounding With Intent to Injure
List:
- Tops & Sides
- Case Law
- Definition Headings
Section 188(2)
Crimes Act 1961
Penalty: 7 years
With Intent to Injure Any Person OR with Reckless Disregard for the safety of others / Wounds OR Maims OR Disfigures OR Causes GBH / To any person
R v Waters DPP v Smith R v Rapana and Murray R v Donovan R v Harney R v Taisalika
Intent Injure With Reckless Disregard for the Safety of others Wounds Maims Disfigures GBH Person
Define Injure
Means to cause actual bodily harm
R v Donovan
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must, no doubt, be more than merely transitory or trifling.
Injuring with Intent to Cause GBH
List:
- Tops & Sides
- Case Law
- Definition Headings
Section 189(1)
Crimes Act 1961
Penalty: 10 years
With Intent to cause GBH / to any one / Injures / Any person
DPP v Smith
R v Donovan
R v Taisalika
Intent
GBH
Person
Injure
Injuring with Intent to Injure
List:
- Tops & Sides
- Case Law
- Definition Headings
Section 189(2)
Crimes Act 1961
Penalty: 5 years
With Intent to Injure anyone OR with reckless disregard for the safety of others / Injures / Any Person
R v Donovan
R v Harney
R v Taisalika
Intent
Reckless Disregard for the Safety of Others
Injure
Person
R v Taisalika
The nature of the blow and the gash which it produced on the complainant’s head
would point strongly to the presence of the necessary intent.
Degree of Harm
Wounding, maiming, or disfiguration need not be grievous, if in causing that
harm the defendant had the intent to cause really serious harm.
In R v Hunt4
the defendant, while breaking into another man’s stables, was
caught by the property owner and his servant. Hunt attempted to stab the
property owner with a knife, but in the ensuing struggle he unintentionally
inflicted a superficial cut to the servant’s wrist.
He was found guilty of wounding the servant, as although the cut was “slight
and not in a vital part” his intent had nevertheless been to cause serious harm
(albeit to the property owner and not to the servant).
This decision confirms that if there was an intent to do grievous bodily harm,
it was immaterial whether grievous harm was done. The question is not what
the wound is, but what wound was intended.
R v Tihi (regarding aggravated wounding)
In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it
must be shown that the offender either meant to cause the specified harm, or
foresaw that the actions undertaken by him were likely to expose others to the risk
of suffering it.
R v Sturm
Under section 191(1)(a) “it is not necessary for the prosecution to prove the
intended crime was actually subsequently committed”.
R v Wati (facilitate flight)
There must be proof of the commission or attempted commission of a crime either
by the person committing the assault or by the person whose arrest or flight he
intends to avoid or facilitate.
R v Crossan (incapable of resistance)
“Incapable of resistance” includes a powerlessness of the will as well as a physical
incapacity.
Wounding vs GBH
The terms “wounds”, “maims” and “disfigures” refer to the type of injury
caused, whereas the term “grievous” refers to the degree or seriousness of
the injury.
For example, stabbing a person with a knife will cause, by definition, a
wound, although the wound may or may not be “serious”.
A single stab in the arm may result in a superficial wound, but may still
constitute an offence against section 188(1) if the offender’s intent was to
inflict really serious harm.
By contrast, “wounding” a person by stabbing them five times in the chest
would be more appropriately classed as grievous bodily harm due to the
seriousness of the wounds caused.
R v Talsalika
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
