Serious Assault Flashcards
Wounding with intent to cause GBH Section Act Penalty Ingredients
Section: 188(1) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. With intent to cause GBH *********************** 2. to anyone ************************ 3. Wounds OR Maims OR Disfigures OR causes GBH ************************ 4. any person
Ingredient - Definitions and case laws With intent to cause GBH
- Intent def 2. R V Mohan 3. R V Waaka 4. R V Taisalika 5. GBH def 6. DPP V Smith
Ingredient - Definitions and case laws To any one/ any person
- Person
Ingredient - Definitions and case laws Wounds
- R V Waters
Ingredients Maims
- Maims def
Ingredient - Definitions and case laws Disfigures
- Disfigures def 2. R V Rapana and Murray
Ingredient - Definitions and case laws Causes GBH
- DPP V Smith 2. GBH def
Intent
A person does something intentionally if they mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
R V Mohan
A decision to bring about, in so far as it lies within the accused powers the commission of the offence
R V Waaka
A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act
R V Taisalika
The nature of the blow and the gash which it produced on the complainants head, would point strongly to the presence of the necessary intent
GBH
Grievous bodily harm can be defined simply as harm that is really serious
DPP V Smith
“Bodily harm needs no explanation and “grievous” means no more and no less than really serious
R V Waters
Wound A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood, and in its occurrence at the site of the blow or impact, the wound will more often than not be external but there are those cases where the bleeding which evidences the separation of tissues may be internal
Maims
Will included mutilating, crippling or disabling part of the body so victim is deprived the use of a limb or one of the senses. Needs to be some degree of permanence
Disfigures
To disfigure means to deform or deface; to mar or alter the figure or appearance of a person
R V Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage
Wounding with intent to injure Section Act Penalty Ingredients
Section: 188(2) Act: Crimes Act 1961 Penalty: 7 years Ingredients 1. With intent to cause injure anyone OR with reckless disregard for the safety of others *********************** 2. Wounds OR Maims OR Disfigures OR causes GBH ************************ 3. to any person
Ingredient - Definitions and case laws With intent to injure anyone
- Intent def 2. R V Mohan 3. R V Waaka 4. R V Taisalika 5. Injure def 6. R V Donovan