Wounding - S188(1) & S188(2) Flashcards
Section 188(1) ,Crimes Act 1961
Wounding with Intent to Cause GBH
Section 188(2), Crimes Act 1961
Wounding with Intent
Intent
- There must be an intention to commit the act
2. An intention to get a specific result
Match the following resultant injuries with the appropriate term
Choose from: loss of an index finger, fractured skull, facial scarring, gash to leg, loss of consciousness by punch to head • grievous bodily harm = • injury = • wounds = • maim = • disfigure =
- grievous bodily harm = fractured skull
- injury = loss of consciousness by punch to head
- wounds = gash to leg
- maim = loss of an index finger
- disfigure = facial scarring
R v Waters - Wounds
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.
Maims
Will involve mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.
Disfigures
To disfigure means to deform or deface; to mar or alter the figure or appearance of a person
Grievous Bodily Harm
Grievous bodily harm can be defined simply as harm that is really serious
Injure
Means to cause actual bodily harm
With Reckless Disregard for the Safety of Others
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
To any person
gender neutral. Proved by judicial notice or circumstantial evidence.
R v Taisalika
The nature of the blow and the gash which it produced on the complainant’s head would not point strongly to the presence of the nessary intent
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”
R v Rapana and Murray
The word “disfigure” covers not only permanent damage but also temporary damage.
R v Donovan
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 thatn merely transitory and trifling.
