*Injuring with Intent to Cause GBH - s189(1) Flashcards
Section & Penalty
- Injuring with intent to cause GBH
- s189(1) Crimes Act 1961
- 10yrs
Elements
- Injuring with intent to cause GBH
- With Intent to Cause GBH
- To anyone
- Injures
- 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.
TAISALIKA
- Intent
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
GBH can be defined as “harm that is really serious.”
SMITH
- GBH
“Bodily harm” needs to explanation and “grievous” means no more and no less than “really serious.”
Injures
- s2 CA61
Means to cause actual bodily harm.
DONOVAN
- Bodily Harm
- 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 be more than transitory and trifling.
Any person
Gender neutral. Proven by JN or CE.