Injures with Intent to Cause GBH Flashcards
Section and penalty
Sec 189(1) Crimes Act 1961
10 years imp
Ingredients
1) With Intent to Cause GBH
2) To anyone
3) Injures
4) Any person
Intent
There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
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.
Grievous Bodily Harm
Grievous bodily harm can be defined as harm that is really serious.
DPP V Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious.
Injures - Sec 2 Crimes Act 1961
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 it must, no doubt, be more than merely transitory and trifling.
Any Person
Gender neutral. Proven by judicial notice or circumstantial evidence.