Wounding With Intent Flashcards
Legislation - Wounding with intent
Section 188, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent
to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes
grievous bodily harm to any person.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to
injure anyone, or with reckless disregard for the safety of others, wounds, maims,
disfigures, or causes grievous bodily harm to any person.
“any one” and “any person”
-Gender neutral
-Generally accepted by judicial notice or proved by
circumstantial evidence.
-The age of the victim is also not relevant.
Two types of intent
Deliberate act:
“Intent” means that act or omission must be done deliberately. The act or
omission must be more than involuntary or accidental.
Intent to produce a specific result:
-Means “aim, object, or purpose”.1
Circumstantial evidence from which an offender’s intent may be inferred can
include:
Intent can be inferred from the circumstances:
• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself.
Proving intent in serious assault cases (additional circumstantial evidence)
- prior threats
- premeditation
- use of a weapon
- number of blows
- degree of force used
- body parts targeted by the offender
- degree of resistance or helplessness of the victim (eg unconscious).
- whether any weapon used was opportunistic or purposely brought
Intent - R v Taisalika
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.
GBH - DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
(Note: it need not involve life threatening or
permanent injury.)
Two other types of injury covered?
1 - Really serious psychiatric injury identified by appropriate specialist evidence.
2 - Non immediate harm (HIV)
R v Waters
“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.”
Maiming Definition
Mutilating, crippling or disabling a part of the body, depriving the victim of the use of a limb or of one of their senses.
Disfigurement meaning
“to deform or deface or alter the figure or
appearance of a person”.
DISFIGURE - R v Rapana and Murray
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”.
Doctrine of Transferred Malice Meaning
Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible
“Injure” definition S2
Means to cause actual bodily harm
R v Donovan
Actual 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.
Recklessness - Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed
result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
Reckless
Involves consciously and deliberately taking an
unjustifiable risk.
