Wounding with intent

Question 1

Section

Answer 1

Section 188(2), Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Ingredients

Answer 3

1) With intent to injure anyone or
With reckless disregard for the safety of others
2) Wounds or Maims or Disfigures or Causes GBH
3) To Any person

Question 4

Intent

Answer 4

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 5

Injure

Answer 5

Section 2, Crimes Act 1961

To cause actual bodily harm

Question 6

Reckless

Answer 6

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk

Question 7

Wound

Answer 7

“A breaking of the skin” would be commonly regarded as a characteristic of a wound.
The breaking of the skin will be normally 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 the tissues “may be internal”.

Question 8

Maim

Answer 8

Will involve mutilating, crippling or disabling part of the body so victim is deprived permanently of the use of a limb or one of the senses. There needs to be some degree of permanence.

Question 9

Disfigures

Answer 9

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

Question 10

Grievous Bodily Harm

Answer 10

GBH can be defined simply as “harm that is really serious’.

Question 11

Any person

Answer 11

Gender neutral. Proved by judicial or circumstantially.

Question 12

R v Mohan ( Intent)

Answer 12

A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.

Question 13

R v Waaka

Answer 13

A fleeting or passing thought is not sufficient; there must be a firm intent it a firm purpose to effect an act.

Question 14

R v Taisalika (Intent to injure)

Answer 14

The nature of the blow and the gash which is produced on the complainants head would point strongly to the presence of the necessary intent,

Question 15

R v Donovan (Bodily Harm)

Answer 15

“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 and trifling.

Question 16

R v Harney (reckless)

Answer 16

“recklessness involves foresight or the dangerous consequences that could well happen, together with the an intention to continue the course of conduct regardless of risk”

Question 17

R v Rapana and Murray

Answer 17

The word “disfigure” covers not only permanent damage but also temporary damage

Question 18

DPP v Smith

Answer 18

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