Injuring with Intent to GBH Flashcards

1
Q

Act and section

A

S 189(1), CA 1961

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2
Q

Penalty

A

10 years

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3
Q

Liabilities

A

With Intent to cause GBH
To Anyone
Injures
Any Person

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4
Q

Injures Intent definition and case law

A

In a criminal law context 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.

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.
R v Taisalika

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5
Q

GBH definition and case law

A

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

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”
DPP v Smith

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6
Q

To any one definition

A

Gender neutral proven by judicial notice or by circumstantial evidence

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7
Q

Injures Definition and case law

A

Injure:

means to cause actual bodily harm.
Sec. 2, Crimes Act 1961

’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.
R v Donovan

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