Wounding/Injuring With Intent Flashcards
Section 188 - Wounding with intent
WOUNDING WITH INTENT S188
(1) With intent/to cause GBH/to any one/wounds, maims, disfigures, or causes GBH/to any person.
(2) With intent/to injure/anyone/or with reckless disregard for the safety of others/wounds, maims, disfigures, or causes GBH/to any person.
Diff between Sec 188 (1) and (2)
188(1) & 188(2) DIFFERENCE
Both relate to actions that result in wounding etc - Same outcome but different intent. (1) - intends GBH, (2) - only intends to injure but outcome is greater degree of harm. Also involves reckless disregard for others safety
Intent
Deliberate act (not a mistake) and intent to produce a specific result (aim, result)
Define - GBH, Wounds, Maims and Injures
GBH - Harm that is really serious - (does not need to be immediate psychological/HIV)
Wounds - Breaking of the skin and the flowing of blood, either externally or internally
Maims - Mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses (permanence)
Injures - Actual bodily harm, more than trifling (can be psychological does not need to be perm).
Proving intent in serious assaults/Circ evidence
- Prior threats - Evidence of premeditation
- Weapons - Number of blows
- Degree of force - Body parts targeted
- Helplessness of victim
R V HUNT
R V HUNT - DEGREE OF HARM
Attempt to stab property owner with knife, unintentionally causes superficial cut to servant. Guilty of wounding servant as still intent to do GBH regardless - what was intended.
R v Taisalika
TAISALIKA
Claimed so intoxicated he can’t remember, therefore cannot necessary intent. Nature of the blow/gash it produced on the complainant’s head would point strongly to the presence of the necessary intent.
Type Vs Degree
Wounds, maims, disfigures refers to injury caused whereas grievous refers to degree/seriousness of injury
R v Rapana and Murray
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
R V Waters
R V WATERS - WOUND
Breaking of the skin would be commonly regarded as a characteristic of a wound - normally evidenced by a flow of blood. Wound will more often than not be external. But includes the separation of tissues may be internal.
R V Donovan
INJURE - ACTUAL BODILY HARM
R V DONOVAN
‘Bodily harm’ includes any hurt/injury calculated to interfere with the health/comfort. Need not be permanent, but must, be more than merely transitory and trifling.
Recklessness
PROVE RECKLESSNESS
Consciously and deliberately taking an unjustifiable risk. Not only was the defendant aware of the risk and proceeded regardless (a subjective test), but also was unreasonable for him to do so (an objective test).
Not necessary to recognise the extent of injury that would result.
Cameron v R
CAMERON V R
Recklessness is established if: defendant recognised that there was a real possibility that - actions would bring about the proscribed result; the proscribed circumstances existed and having regard to that risk those actions were unreasonable.
Section 189 - Injuring with intent
(1) With intent/to cause GBH/to any one/injures/any person.
(2) With intent/to injure/any one/or with reckless disregard for the safety of others/injures/any person.
