Injuring with intent

Question 1

Section

Answer 1

Section 189(1), Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Ingredients

Answer 3

1) With intent to cause GBH
2) To anyone
3) Injures
4) Any person

Question 4

Intent

Answer 4

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 5

Any one

Answer 5

Gender neutral. Proved by judicial notice or circumstantially

Question 6

Injure

Answer 6

To cause actual bodily harm

Question 7

R v Mohan (intent)

Answer 7

A decision to bring about, in so far as it lies within the accused’s power the commission of the offence

Question 8

R v Waaka (intent)

Answer 8

A fleeting or passing thought is not sufficient; there must be a firm intent or purpose to effect an act.

Question 9

R v Taisalika (intent to injure)

Answer 9

The nature of the blow and the gash which is produced on the complainants head would point strongly to the presence of the necessary intent.

Question 10

Grievous Bodily Harm

Answer 10

Harm that is really serious.

Question 11

DPP v Smith (GBH)

Answer 11

Bodily harm needs no explanation and grievous means no more and no less that “really serious”.

Question 12

R v Donovan (bodily harm)

Answer 12

Bodily harm includes and 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.