WOUNDING W INTENT TO CAUSE GBH

Question 1

Section, Act, Penalty

Elements

Answer 1

S188 (1) CA - 14yyrs

Intent to cause GBH
To anyone
Wounds, Maims, Disfigures or causes GBH
To any person

Question 2

Difference between (1) and (2)

Answer 2

Both result in wounding, maiming, disfiguring or causing GBH to the Victim (outcome the same) but there is intention is different.

1) Intent to cause GBH
2) Intent to injure anyone or with reckless disregard for the safety of others

Question 3

Anyone or Any Person

Answer 3

Equivalent Terms.
Gender neutral and a person is generally accepted by judicial notice and proved by circumstantial evidence.
The age of the Victim is not relevant.

Question 4

Intent

Answer 4

In a criminal law context, there are two specific types of intention in an offence. Intent to commit and intention to get a specific result.
Result is an aim, object or purpose.

The onus is generally on the prosecution in terms of proving the offenders intent beyond reasonable doubt.

While an offenders admissible are good evidence, it is good practice to support these with circumstantial evidence.

Circumstantial evidence to which the offenders intent can be inferred can include:

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

Question 5

Intent - Case Law

Answer 5

Taisalika

The nature of the blow and the gash which it produced, point strongly to the presence of the necessary intent

Question 6

GBH

Answer 6

Harm that is really serious
As long as it is serious, it does need not involve life threatening or permanent injury.

May include psychiatric injury and it is not limited to immediate harm ie HIV

Question 7

GBH - Case Law

Answer 7

DPP v Smith

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

Question 8

Wound - Case Law

Answer 8

Waters
The breaking of the skin will be normally evidenced by a flow of blood and in its occurrence at the site of the 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 9

Maiming

Answer 9

Depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversity.

Mutilating, tripping or disabling a part of the body so as to deprive the Vicim of a limb or of one of the senses.

Must be some degree of permanency

Question 10

Disfigurement

Answer 10

To deform or deface; to mar or alter the figure or appearance of a person.
Does not need to be permanent

Question 11

Disfigurement - Case Law

Answer 11

Rapana and Murray

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