Wounding

Question 1

Name, Act, Section, Subsection and punishment for Wounding with intent got cause GBH

Answer 1

Section 188(1) CA 1961 - 14 years

Question 2

Ingredients to Wound with Intent

Answer 2

With intent to cause GBH
To any person
Wounds, maims, disfigures or causes GBH
To any person

Question 3

In criminal law there are two specific types of intention in an offence what are they?

Answer 3

-Intention to commit the act
- Intention to get a specific result

Question 4

The onus is on who to prove the offenders intent?

Answer 4

The prosecution, must be proved beyond reasonable doubt

Question 5

Circumstantial evidence from which an offenders intent can be inferred can include?

Answer 5

The offenders actions and words before, during and after the event.
The surrounding circumstances
The nature of the act itself

Question 6

In serious assault cases additional circumstantial evidence that may assist i proving an offenders intent may include?

Answer 6

Prior threats
Evidence of premeditation
The use of a weapon
Whether any weapon used was opportunistic or purposely brought
The number of blows
The degree of force
The body parts targeting by the offender ie head
The degree of helplessness or resistance of the victim (eg unconscious)

Question 7

R v Taisalika

Answer 7

The nature of the blow and the gash it produced points strongly to the necessary intent

Question 8

Degree of harm means if there was intent to do GBH it is …

Answer 8

It is immaterial whether grievous harm is done. The question is not what the wound is but what wound was intended.

Question 9

Define GBH and what case law relates?

Answer 9

Harm that is really serious. CL - DPP v Smith

Question 10

DPP v Smith

Answer 10

Bodily harm needs no explanation and grievous means no more and no less that really serious

Question 11

Can bodily harm include psychiatric injury?

Answer 11

Yes. But it does not included mere emotions ie fear, panic etc.

Eg - Defendant performs indecent act on victim while unconscious. Victim has no recollection but once he learned of them they had a profound psychological impact on him.

Psychiatric injury must be identified by an appropriate specialist.

Question 12

Explain wounds.

Answer 12

Wound involves the breaking of the skin and flowing of blood either internally or externally

Question 13

R v Waters

Answer 13

The breaking of the skin evidenced by the flow of blood, either externally or internally.

Question 14

Explain the difference between Wounding vs GBH

Answer 14

The term wounds, maims, disfigure refer to the type of injury caused whereas the term grievous refers to the degree or seriousness of the injury.

Question 15

Definition of Maiming

Answer 15

Disabling a part of the body so as to deprive the victim of the use of a limb or one of the senses. Must be permanent weakness or loss

Question 16

Definition of Disfigurement and CL that relates?

Answer 16

Deform or deface, to mar or alter the appearance of a person.

R v Rapana and Murray

Question 17

R v Rapana and Murray

Answer 17

The word disfigure covers not only permanent damage but also temporary damage

Question 18

Explain the Doctrine of Transferred Malice

Answer 18

Person suffering the harm need not be the intended person. The offender is still criminally liable even if accidental victim ie mistaken Identity or force intended for one person effects another

Question 19

Injury vs GBH

Answer 19

Where the harm is at the lower end of the scale of seriousness it may amount to an injury.

Where it is higher on the scale it may amount to a wounding, maiming or disfiguring depending on the nature of it or to GBH depending on its seriousness.

Question 20

Name Act Section and Punishment for - Wounding with intent to injure

Answer 20

Section 188(2) Crimes Act 1961 7 years

Question 21

The term injure is defined in S2 of the Crimes Act 1961 as what?

Answer 21

To cause actual bodily harm

Question 22

What case law relates to “Actual bodily harm”?

Answer 22

R v Donovan

Question 23

R v Donovan

Answer 23

Bodily harm includes any hurt or injury that interferes with the health of the victim. It need not be permanent but must be more than transitory or trifling.

Question 24

Can actual bodily harm include psychiatric injury?

Answer 24

Yes if medical evidence confirms an identifiable clinical condition.

Question 25

Ingredients for Wounding with intent to injure?

Answer 25

With intent to injure
Any person
Causes GBH/wounds/maims or disfigures
Any person

Question 26

Name Act Section punishment for Wounding with Reckless Disregard

Answer 26

S 188(2) Crimes Act 1961 7 years

Question 27

Ingredients for Wounding with reckless disregard

Answer 27

With reckless disregard for the safety of others
Wounds/maims/disfigures/causes GBH
To any person

Question 28

Acting recklessly means what?

Answer 28

Involves consciously and deliberately taking an unjustifiable risk

Question 29

Case law that relates to recklessness is ?

Answer 29

Cameron v R

Question 30

Cameron v R

Answer 30

Recklessness is established if

• the defendant recognised that there was a real possibility that
• his of her actions would bring about the proscribed result
  And/Or
• That the proscribed circumstances existed and

Having regard to that risk those actions were unreasonable

Question 31

What four points of initial action are critical to remember

Answer 31

Guard
Control
Freeze
Preserve

Question 32

The assault is serious what four steps do you take in relation to collecting forensic evidence from the victim

Answer 32

Arrange full medical exam using MEK
Obtain full dr report on victims injuries
Assign constable to stay with victim provide onsite sitter. Consider dying statement.
Obtain photos of victims injuries

Question 33

What further enquires can be made

Answer 33

Interview all witnesses/ get statements

Interview and statements of medical staff

Consider if offender is known and interview if appropriate

Prepare photo montage

Consider media release

CCTV enquiries

As information is received eliminate suspects

Question 34

What four steps to follow when interviewing a supect

Answer 34

Interview suspect and obtain statement

Note and photograph any injuries

Consider full medical exam by Dr to obtain forensics

If poss get voluntary dna sample