Wounding Flashcards
7.0 - Wounding with intent - Act and Sections
Crimes Act 1961 188 (1)
Crimes Act 1961 188 (2)
7.0 Wounding with intent - Elements
With intent to cause GBH To any person Wounds Mains Disfigures Causes GBH To any person
R v Taisalika
The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
R v Collister
Circumstantial evidence from which an offender’s intent may be inferred can include:
- The offender’s actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself
What is grevious bodily harm?
Harm that is really serious
DPP v Smith
‘Bodily harm” needs no explanation and ‘grevious’ means no more and no less than ‘really serious’.
Wounds
R v Waters - A wound is a breaking of the skin evidenced by the flow of blood. May be internal or external.
Mains
Deprive the victim of the use of a limb or of one of the senses, needs to be some degree of permanence.
Disfigures
To deform or deface; to mar or alter the figure or appearance of a person.
R v Rapana and Murray
Disfigure covers not only permanent damage but also temporary damage.
Wounding with intent - Elements
With intent to injure any person
or
With reckless disregard for the safety of any person
Wounds or mains or disfgures or Causes GBH
To any person
R v Mcarthur
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 be more than transitory and trifling.
Cameron v R
Recklessness is established if:
(a) the defendant recognized that there was a real possibility that
(i) his or her actions would bring about the
proscribed result:
and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
R v Tipple
Recklessness requires that the offender know of, or have a conscious appreciation of that relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.
