Injuring with Intent Flashcards
Injuring with Intent
Section 189 (1) Crimes Act 1961
Penalty
10 years
Elements
- With intent to cause grievous bodily harm
- To anyone
- Injures
- Any person
Intent
In a criminal law context 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 is produced on the complainant’s head would point strongly to the presence of the necessary intent.
GBH
Grievous bodily harm - simply “harm that is really serious”
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
Person
Gender Neutral. Proven by judicial note or circumstantially.
Injure
Means to cause actual bodily harm
Section 2, Crimes Act 1961
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 and trifling.