Liability 189(1)

Question 1

Injuring with Intent to Cause GBH

Section and Penalty

Answer 1

Section 189(1) Crimes Act 1961

10 Years Imprisonment

Question 2

Injuring with Intent to Cause GBH

Ingredients

Answer 2

.1 With intent to cause Grievous Bodily Harm

.2 To any one

.3 Injures

.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 any one

Answer 4

Person:

Gender neutral. Proved by judicial notice or circumstantial evidence.

Question 5

.3 Injures

Answer 5

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

Question 6

.4 Any person

Answer 6

Person:

Gender neutral. Proved by judicial notice or circumstantial evidence.