Wounding with Intent

Question 1

Wounding with Intent

Section, Penalty, Ingredients

Answer 1

Wounding with Intent
Sec 188(2) CA61
7 Years Imprisonment

With Intent to Injure Anyone
or
With reckless disregard for the safety of others

Wounds
Maims
Disfigures
Causes GBH

To any person

Question 2

Intent

Answer 2

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 3

R v Taisalika

Answer 3

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 4

Injure - Sec 2 Crimes Act 1961

Answer 4

Means to cause actual bodily harm.

Question 5

R v Donovan

Bodily harm includes…

Answer 5

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

With Reckless Disregard for the safety of others

While it is necessary to…

Answer 6

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

Cameron v R

Answer 7

Cameron v R

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 risk those actions were unreasonable.

Question 8

R v Waters

Wound

Answer 8

A breaking in the skin with a flow of blood, more often than not will be external, may be internal.

Question 9

Maims

Answer 9

Will involve mutilating, crippling or disabling part of the body

so the victim is deprived permanently of the use of a limb or one of the senses.

There needs to be some degree of permanence.

Question 10

Disfigures

Answer 10

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

Question 11

R v Rapana and Murray

Answer 11

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

Question 12

Grievous Bodily Harm

Answer 12

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

Question 13

DPP v Smith

Answer 13

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

Question 14

Any Person

Answer 14

Gender neutral. Proven by judicial notice or circumstantial evidence.