Wounding with Intent - S188

Question 1

Wounding with intent to cause GBH:

Section/Penalty/Elements

Answer 1

Wounding with intent to cause GBH:

CA61; S188(1)
14 years imprisonment

1) With intent to cause GBH
2) to any one
3) Wounds OR maims OR disfigures OR causes GBH
4) To any person

Question 2

Wounding with intent to injure/reckless disregard:

Section/Penalty/Elements

Answer 2

Wounding with intent to injure/reckless disregard:

CA61; S188(2)
7 years imprisonment

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 3

S188(1) Element 1/4
With intent to Cause GBH
What case laws and definitions for this element?

Answer 3

Definitions: Intent
Case Laws:
1) R v Taisalika
2) R v Collister
3) DPP v Smith

Question 4

S188(1) Element 2 and 4
To any person
What case laws and definitions for this element?

Answer 4

Definition = Gender neutral, accepted by JN/CE

Question 5

S188(1) Element 3/4
Wounds OR Maims OR Disfigures OR Causes GBH
What case laws and definitions for this element?

Answer 5

Wounds = R v Waters

Maims = Definition = involves mutilating, crippling, disabling, a part of the body/senses.

Disfigures = Definition = deform or deface, alter figure or apperance.
Disfigures = R v Rapana and Murray

Causes GBH = DPP v Smith

Question 6

What is:
Doctrine of transferred Malice

Answer 6

The person suffering the injury/wound need not be the intended person

R v Hunt: Defendant attempted to stab person with a knife, but caused a wound to another

Question 7

S188(2) Element 1/3
With intent to injure anyone, OR with reckless disregard for the safety of others
What case laws and definitions for this element?

Answer 7

Definitions: Intent
Intent to Injure Case Laws:
1) R v Taisalika
2) R v Collister
3) R v McArthur

Definition: Recklessly
Recklessly Case Laws:
1) Cameron v R
2) R v Tipple

Question 8

S188(2) Element 2/3
Wounds OR Maims OR Disfigures OR Causes GBH
What case laws and definitions for this element?

Answer 8

Wounds = R v Waters

Maims = Definition = involves mutilating, crippling, disabling, a part of the body/senses.

Disfigures = Definition = deform or deface, alter figure or apperance.
Disfigures = R v Rapana and Murray

Causes GBH = DPP v Smith

Question 9

Case law:
R v Collister

Answer 9

R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent

Note: Intent

Question 10

Case law:
R v Taisalika

Answer 10

R v Taisalika
The nature of the blow and the gash produced points strongly to the necessary intent

Question 11

Case Law:
DPP v Smith

Answer 11

DPP v Smith:
GBH means really serious harm

Note: Causes GBH

Question 12

Case Law:
R v Waters

Answer 12

R v Waters
Evidence by breaking of the skin and the flow of blood. May be internal or external.

Note: Wounds

Question 13

Case Law:
R v Rapana and Murray

Answer 13

R v Rapana and Murray
Covers both permanent and temporary damage

Note: Disfigures

Question 14

Case Law:
R v McArthur

Answer 14

R v McArthur
Bodily Harm mean hurt or injury that interferes with health and comfort of the victim.

Note: injury

Question 15

Case Law:
Cameron v R

Answer 15

Cameron v R:
Offender knew actions would bring result and circumstances existed.

Note: Recklessly

Question 16

Case Law:
R v Tipple

Answer 16

R v Tipple:
Knowing the risk and acting anyway

Note: Recklessly

Question 17

Definition: Intent

Answer 17

Deliberate act to get a specific result

Question 18

Definition: Recklessly

Answer 18

Consciously and deliberately ran a risk

Question 19

Definition: Injury

Answer 19

Means to Cause actual bodily harm

Question 20

What are some additional examples of circumstantial evidence that may assist in proving the offender’s intent?

Answer 20

Prior threats
Premeditation
Weapon
Number of Blows