Injuring With Intent To Cause GBH

Question 1

Act and section

Answer 1

Sec 189(1) Crimes Act 1961

Question 2

Penalty

Answer 2

10 Years Imprisonment

Question 3

Ingredients

WITCGBH
TAP I AP

Answer 3

1) With Intent to Cause GBH
2) To any person
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

Case law:

R v Mohan

Answer 5

A decision to bring about. In so far as it lies within the accused’s powering, the commission of the offence.

Question 6

Case law:

R v Taisalika

Answer 6

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.

Question 7

Grievous bodily harm

Answer 7

Grievous bodily harm can be defined as harm that is really serious.

Question 8

DPP v Smith

Answer 8

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

Question 9

To anyone

Answer 9

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 10

Injures - Sec 2 Crimes Act 1961

Answer 10

Means to cause actual bodily harm.

Question 11

Case law:

R v Donnovan

Answer 11

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.