Liability 188(2)

Question 1

Wounding with Intent to Injure

Section and Penalty

Answer 1

Section 188(2) Crimes Act 1961

7 Years Imprisonment

Question 2

Wounding with Intent to Injure

Ingredients

Answer 2

.1 With intent to injure anyone
OR
With reckless disregard for the safety of others

.2 Wounds
OR
Maims
OR
Disfigures
OR
Causes GBH

.3 Any person

Question 3

.1 With intent to injure anyone

OR

With reckless disregard for the safety of others

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

_____

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, not doubt, be more than merely transitory or trifling.
R v Donovan

OR

Reckless disregard for the safety of others:
While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognised the extent of the injury that would result.

Reckless:
Means the conscious and deliberate taking of an unjustified risk. It involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
R v Harney

Question 4

.3 Wounds

OR

Maims

OR

Disfigures

OR

Causes GBH

Answer 4

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 5

Any person

Answer 5

Person:

Gender neutral. Proved by judicial notice or circumstantial evidence.