Wounding/Injuring With Intent

Question 1

Criminal Liability for Wounding with Intent to GBH

Answer 1

Section 188(1) of the Crimes Act 1961

• With Intent
• To cause grevious bodily harm
• Wounds (or) Maims (or) Disfigures (or) causes GBH
• to any person

Question 2

Criminal Liability for Wounding With Intent To Injure

Answer 2

Section 188(2) of the Crimes Act 1961

• With Intent to injure anyone (or) With reckless disregard for the safety of others
• Wounds (or) Mains (or) Disfigures (or) Causes GBH to
• Any person

Question 3

Criminal Liability for Injuring with intent to cause GBH

Answer 3

Injuring with intent - s189 Crimes Act 1961

• With intent
• To cause GBH to any one
• Injures
• Any person

Question 4

Criminal Liability for Injuring with intent to Injure

Answer 4

Injuring with intent to injure - s189(2) Crimes Act 1961

• With intent
• To injure any one (or) with reckless disregard for the saftey of others
• injures
• any person

Question 5

Definition for “Any one” and “Any Person”

Answer 5

The terms “any one” and “any person” are used in this section. They are equivalent terms.

The fact that the victim is a “person” is generally accepted by judicial notice or proved by circumstantial evidence.

Question 6

Intent

Answer 6

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 7

How can Intent be proven

Answer 7

While an offender’s admissions as to their intent is good evidence, it is good practice to support these with circumstantial evidence from which their intent can also be inferred.

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.

Question 8

Ways to prove intent in serious assault cases:

Answer 8

• 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 used
• the body parts targeted by the offender (eg the head)
• the degree of resistance or helplessness of the victim (eg unconscious).

Question 9

R v Taisalika

Answer 9

“The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.”

Question 10

Grevious Bodily Harm

Answer 10

Grievous bodily harm can be defined simply as “harm that is really serious”.

Question 11

DPP v Smith

Answer 11

“Bodily Harm” needs no explanation and “grievous” means no more and no less than really serious.

Question 12

Wound

Answer 12

A wound involves the breaking of the skin and the flowing of blood, eaither externally or internally.

Question 13

R v Waters

Answer 13

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 a 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.”

Question 14

Maiming

Answer 14

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.

Question 15

Disfigurement

Answer 15

“to deform or deface; to mar or alter the figure or appearance of a person”.

Question 16

R v Rapana and Murry

Answer 16

The word ‘disfigure’ covers “not only permanent damage but also temporary damage

Question 17

The Doctrine of Transfered Malice

Answer 17

It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice, despite the wrong target being struck.

Question 18

To Injure

Answer 18

To injure means to cause actual bodily harm.

Actual bodily harm may be internal or external, and it need not be permanent or dangerous.

Question 19

R v Donovan

Answer 19

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, no doubt, be more than merely transitory and trifling.

Question 20

Recklessness

Answer 20

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.
It must be proved not only that the defendant was aware of the risk and proceeded regardless (a subjective test), but also that it was unreasonable for him to do so (an objective test).

Question 21

Cameron v R

Answer 21

Recklessness is established if

the defendant recognised that there was a real possibility that;

his or 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 22

Reckless disregard for the safety of others

Answer 22

While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognised the extent of the injury that would result.