Wounding With Intent

Question 1

What are the elements of Wounding with intent section 188(1) crimes act 1961

Answer 1

-With intent to cause GBH
-To any person
-Wounds, or maims, or disfigures, or caused GBH
-To any person

Question 2

What are the elements of Wounding with intent section 188(2) crimes act 1961

Answer 2

-With intent to injure any person or with reckless disregard for the safety of others
-wounds, or maims, or disfigures, or cause GBH.
-to any person

Question 3

What are the elements of injuring with intent section 189(1) crimes act 1961

Answer 3

-With intent to cause GBH
-to any person
-injures
-any person

Question 4

What are the elements of injuring with intent section 189(2) crimes act 1961

Answer 4

-With intent to injure any person, or with reckless disregard for the safety of others
-injures
-any person

Question 5

R V Collister states:

Answer 5

Intent can be inferred through:
-offenders words and actions before during and after the incident.
-the surrounding circumstances
-the nature of the act itself

Question 6

Intent is?

Answer 6

A deliberate act wit the aim to produce a specific result, more that accidental or involuntary.

Question 7

R V Taisalika

Answer 7

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

Question 8

Recklessness is:

Answer 8

A conscious and deliberate taking of an unjustified risk.

Question 9

DPP v Smith

Answer 9

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

Question 10

R v Waters

Answer 10

A wound is a breaking of the skin as evidence by the flowing of blood, can be internal or external.

Question 11

R v Rapana & Murray

Answer 11

Disfigures covers temporary as well as permanent damage.

Question 12

R V Donovan

Answer 12

Injury involves any bodily harm calculated to interfere with the health and comfort of the victim, need not be permanent but must be more that transitory or trifling.

Question 13

Cameron v R

Answer 13

Recklessness is established if:
-the defendant recognised there was a really possibility that their actions would bring about the proscribed result
-the proscribed circumstances existed
-having regard to those risks the offenders actions were unreasonable.

Question 14

R v Tipple

Answer 14

Reckless requires that the offender know of, or have a conscious appreciation of the relevant risk.
Must be a deliberate decisions to run the risk.

Question 15

R v Mwai

Answer 15

Charged with GBH reckless disregard, infected multiple woman with HIV.
The court held that section 188 is not limited to just immediate harm and that the consequences may be delayed.