Injuring with intent to GBH Flashcards
What is the act, section and penalty injuring with intent to do GBH.
S189(1) CA61
10 yrs
What the 4 elements
1- With intent to cause GBH
2- To any person
3- Injures
4- Any person
What 4 points need to covered for intent to GBH
Intent
- There are 2 specific types of intention in an offence. First there must be an intent to commit an act. Second an intent to get a specific result
R v Taisalika
- The nature of the blow an the gash which it produced on the victims head would point strongly to the presence of the necessary intent
GBH
- GBH can be defined simply as harm that is really serious
DDP v Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious
person
Gender neutral proven by judicial notice or circumstantial evidence.
Explain injure plus the case law
Injure- S2 CA61
- Means to cause actual bodily harm
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 or trifling