Wounding With Intent

Question 1

Wounding with intent (1) liability

Answer 1

Wounds with intent to GBH s 188(1) CA 1961

• with intent to cause GBH
• to any person
• wounds or mains or disfigures of causes GBH
• to any person

Question 2

wounds with intent (2) liability

Answer 2

Wounds with intent to injure s188(2) CA 1961

• with intent to injure any person or with reckless disregard for the safety of others
• wounds or maims of disfigures or causes GBH
• to any person

Question 3

What is the difference between subsection (1) and (2) for 188?

Answer 3

in Subsection (1) the offender intends to cause GBH

In subsection (2) the offender only intends to injure the victim, although the actual outcome is a greater degree of harm than anticipated.

Subsection (2) also allows for an alternate mens rea element involving “reckless disregard for the safety of others”

Question 4

R v Collister

Answer 4

Circumstantial evidence from which the offenders intent may be inferred:

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

Question 5

Additional circumstantial evidence that may assist in proving intent in serious assault cases:

Answer 5

• prior threats
• evidence of premeditation
• 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 of helplessness of the victim (eg unconscious).

Question 6

Grievous bodily harm definition

Answer 6

“harm that is really serious”

Question 7

Psychiatric injury

Answer 7

“Bodily harm” in s188 includes really serious psychiatric injury identified as such by appropriate specialist evidence.

Does not include distress, panic, fear, pr a hysterical or nervous condition.

Question 8

R v Waters

Answer 8

“A breaking of the skin would commonly be regarded as a characteristic of a wound. The breaking fo the skin would normally be 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 9

Maiming definition

Answer 9

Mutilating, crippling, or disabling a part of a body so as to deprive the victim of the use of a limb or one of the senses.

Requires some degree of permanence

Question 10

Disfigure definition

Answer 10

Deform or deface

To mar or alter the figure or appearance of a person

External injury that detracts from the personal appearance of the victim, however it does not need to be permanent

Question 11

R v Rapana and Murray

Answer 11

The word disfigure covers not only permanent damage but temporary damage

Question 12

Doctrine of Transferred Malice

Answer 12

It is not necessary that the person suffering the harm was the intended victim.