Wounding with Intent Flashcards
Wounding with Intent - section and ingredients
Section 188(2) of crimes act 1961 - 7 years
- with intent to injure anyone OR with reckless disregard for the safety of others
- wounds OR maims OR disfigures OR causes GBH
- to any person
what is intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it
R v Mohan on intent
a decision to bring about in so far as it lies within the accused’s power, the commission of the offence
R v Waaka on intent
a fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act
R v Taisalika on intent
The nature of the blow and gash which it produced on the complainants head would point strongly to the presence of the necessary intent
Injure definition under section 2 of crimes act
means to cause actual bodily harm
R v Donovan on bodily harm
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
What does acting recklessly mean
Acting recklessly involves consciously and deliberately taking an unjustifiable risk
R v Harney on recklessness
recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
R v Waters on what constitutes a wound
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 tissues may be internal
What is “maims”
involves mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. needs to be some degree of permanence
what is the meaning of disfigures
to disfigure means to deform or deface, to mar or alter the figure or appearance of a person
R v Rapana and Murray on disfigures
The word disfigure covers not only permanent damage but also temporary damage
what is grievous bodily harm
really serious harm
DPP v Smith on “bodily harm” and “grievous”
bodily harm needs no explanation and grievous means no more and no less than really serious
