Wounding with Intent Flashcards
Act and section
Sec 188(2), Crimes Act 1961
Penalty
7 years
Ingredients
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
Intent definition and case law
In a criminal law context 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.
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.
R v Taisalika
To any one definition
Gender neutral proven by judicial notice or by circumstantial evidence.
Injures Definition and case law
means to cause actual bodily harm.
Sec. 2, Crimes Act 1961
’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.
R v Donovan
With reckless disregard to safety or others definition and case law
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.
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.”.”
R v Harney
Wound definition and case law
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
R v Waters
Maims definition
Maims:
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.
Disfigures definition and case law
To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person.
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.
R v Rapana and Murray
GBH definition and case law
Grievous Bodily Harm:
Grievous bodily harm can be defined simply as “harm that is really serious.”
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”
DPP v Smith
