WOUNDING W INTENT TO INJURE

Question 1

Section, Act, Elements

Answer 1

188 (2)CA 1861 - 7yrs
With Intent to Injure Anyone
OR
With reckless disregard for the safety of others

Wounds, maims, disfigures or caused GBH

To any person

Question 2

Intent

Answer 2

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 3

Intent - Case Law

Answer 3

Taisalika

The nature of the blow and the gash which it produces point strongly to the presence of the necessary intent.

Question 4

Injure

Answer 4

Means to cause actual bodily harm.

May be internal or internal and it does not need to be permanent or dangerous

Question 5

Injury - Case Law

Answer 5

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 than merely transitory or trifling

Question 6

Reckless Disregard for the safety of others

Answer 6

Consciously and deliberately took an unjustifiable risk.

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.

Question 7

Reckless - Case Law

Answer 7

Cameron
Recklessness is established if:
A) the defendant recognised that there was a real possibility that
i) his or her actions would bring about the proscribed result and/or
ii) that the proscribed circumstances existed and
B) having regard to that those actions were unreasonable

Aware of the risk and proceeded anyway (subjective)
Also that it was unreasonable for him to do so (objective)

Question 8

Wound - Case Law

Answer 8

Waters
The breaking of the skin constitutes a wound evident by the flow of blood.
More often than not will be external but may be internal

Question 9

Maims

Answer 9

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

Disfigures

Answer 10

To disfigure means to deform or deface, mar or alter the figure or appearance of a person.

Question 11

Disfigure - Case Law

Answer 11

Rapana and Murray

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

Question 12

GBH

Answer 12

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 13

GBH - Case Law

Answer 13

DPP v Smith

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

Question 14

Person

Answer 14

Gender neutral.

A person is generally accepted by judicial notice and proved by circumstantial evidence