Injuring with Intent to Cause GBH

Question 1

Injuring with Intent to cause GBH - section and ingredients

Answer 1

Section 189(1) of crimes act 1961 - 10 years

1. with intent to cause grievous bodily harm
2. to anyone
3. injures
4. any person

Question 2

what is intent

Answer 2

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it

Question 3

R v Mohan on intent

Answer 3

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

Question 4

R v Waaka on intent

Answer 4

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

Question 5

R v Taisalika

Answer 5

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

Question 6

what is grievous bodily harm

Answer 6

really serious harm

Question 7

DPP v Smith on “bodily harm” and “grievous”

Answer 7

bodily harm needs no explanation and grievous means no more and no less than really serious

Question 8

injure definition under section 2

Answer 8

means to cause actual bodily harm

Question 9

R v Donovan

Answer 9

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