Wounding - Injuring

Question 1

Wounding with intent to GBH

S188 (1) Crimes Act 1961

Answer 1

With intent to cause GBH:

Intent - intent to commit the act & intent to get the result.

Taisalika - the nature of the blow and gash produced points strongly to necessary intent.

R v Collister - Actions or words, before, during or after, surrounding circumstances and nature of act infer intent.

GBH - Smith - GBH ‘grievous’ - really serious and bodily harm needs no explanation.

To any person: Proved my JN or CE.

Wounds, maims, disfigures, or causes GBH.

Wounds: Waters - breaking of skin, flow of blood. Maybe internal or external.

Maims: involves mutilating, crippling, disabling a part a part of the body/ senses or deprive of its use. Must be some form of permanence.

Disfigures: Deform or deface, alter figure or appearance of person.

Rapana & Murray - covers both permanent but also temporary damage.

To any person:

Doctrine of transferred malice: Person suffering injury need not be intended person. Still liable even if accidental victim eg mistaken identity or force intended for one person effects another.

Proved by JN CE

Question 2

Wounding with Intent to Injure

S188 (2) Crimes Act 1961

Answer 2

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

Question 3

Wounding with Reckless disregard
S188 (2) Crimes Act 1961

• with reckless disregard for the safety of others
• Wounds/ Maims/ Disfigures/ Causes GBH
• To any person.

Answer 3

Recklessly
Consciously and deliberately ran a risk, unreasonable risk to take.

Cameron v R - Recklessness is established if defendant knew actions would bring the result and circumstances existed and understood risk was unreasonable.

R v Tipple - Recklessly means knowing of the risk and acting anyway.