Liability 188(1)

Question 1

Wounding with Intent to Cause GBH

Section and Penalty

Answer 1

Section 188(1) Crimes Act 1961

14 Years Imprisonment

Question 2

Wounding with Intent to Cause GBH

Ingredients

Answer 2

.1 With intent to cause Grievous Bodily Harm

.2 To any one

.3 Wounds
OR
Maims
OR
Disfigures
OR
Causes GBH

.4 Any Person

Question 3

.1 With intent to cause Grievous Bodily Harm

Answer 3

Intent:
In the criminal law context there are two specific types pf 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 necessary intent.
R v Taisalika

_____

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

Question 4

.2 To anyone

Answer 4

Person:

Gender neutral. Proved by judicial notice or circumstantial evidence.

Question 5

.3 Wounds

OR

Maims

OR

Disfigures

OR

Causes GBH

Answer 5

Wound:
A breaking of the skin normally evidenced by a flow of blood. More often than not be external but may be internal.
R v Waters

OR

Maims:
Will involve mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.

OR

Disfigures:
To “disfigure” means to “deform” or “deface”; to mar or alter the figure or appearance of a person.

The word disfigure covers not only permanent damage but also temporary damage.
R v Rapana and Murray

OR

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

Question 6

.4 Any person

Answer 6

Person:

Gender neutral. Proved by judicial notice or circumstantial evidence.