Wounding with Intent Flashcards
What is the penalty and section?
Wounds with intent to GBH Section 188(1) - 14 years Imprisonment
What is the elements?
- With Intent to Cause GBH
- To any person
- Wounds, Maims, Disfigures or causes GBH to
- Any person
What is Intent?
- In the context of criminal law there are two intents the
first is there needs to be an intent to commit an act,
second is there is an intent to get a specific result. - R v Taisaleka
The nature of the blow and the gash produced to the
Victim’s head strongly points to the presence of the
necessary intent.
Person?
Gender neutral, proven by circumstantial evidence.
GBH?
Grievous bodily harm can simply be define as really serious harm.
DPP v SMITH
Bodily harm needs no explanation and grievous means really serious.
Wounds?
R v Waters
The breaking of skin is commonly regarded as characteristics of a wound. The breaking of skin normally evidenced by the 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 evidences the separation of tissues may be internal.
What is deliberate act?
Intent, means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.
How can you prove intent?
Admissions are good but circumstantial evidence are good to establish for support.
ie: - the offenders actions before, during or after the act.
- the surrounding circumstances
- the nature of the act itself
How to prove intent for serious assaults?
- Prior Threats
- Evidence of premeditation
- the use of the weapon
- whether any weapon used was purposely or
opportunistically brought - the number of blows
- the degree of force used
- the body parts targeted (ie head)
- the degree of resistance or helplessness of the victim.
(unconscious)
Psychiatric Injury, can it be included with bodily harm?
Yes, the Court has highlighted in Owen v Residential Health Management that psychiatric injury can be included, but doe not include mere emotions such as fear, distress, panic, or a hysterical or nervous condition.
Expert evidence will be required before an issue of psychiatric injure arises.
Not limited to immediate harm?
R v Mwai,
In Mwai the Court included that section 188 is limited to immediate harm. Mwai infected HIV on the victims but there would need to be an expert medical witness to adduce that the progression of HIV to Aids then to death would be the outcome.
Maiming?
Includes mutilating, crippling or disabling any member of the body of the victim depriving that person of the use or any of the senses. There needs to be some degree of permanence.
Disfigures?
Means to deform or deface, or to mar or alter the appearance of the person.
R v Murray and Rapana
The word disfigures covers not only permanent damage but also includes temporary damage.
The Doctrine of Transferred Malice?
Means that the offender has intended apply force to a particular person but in the process has injured someone else accidentally, that person is still criminally liable.
