Wounding with Intent to Cause GBH

Question 1

Wounds with Intent to Cause GBH

Section, Penalty, Ingredients

Answer 1

Wounds with Intent to Cause GBH
Sec 188(1), Crimes Act 1961
14 years imprisonment

With intent to cause GBH

To Anyone

Wounds
Maims
Disfigures
Causes GBH

To any person

Question 2

Intent

Answer 2

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.

Question 3

R v Taisalika

The nature of …

Answer 3

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.

Question 4

Grievous Bodily Harm

Answer 4

Grievous bodily harm can be defined simply as
“harm that is really serious”

Question 5

DPP v Smith

Bodily harm needs

Answer 5

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

Question 6

Person

Answer 6

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 7

R v Waters

A breaking in the

Answer 7

R v Waters
A breaking in the skin with a flow of blood,
more often than not will be external,
may be internal.

Question 8

Maims

Will involve

Answer 8

Maims
Will involve 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.

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

Any Person

Answer 10

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 11

R v Rapana and Murray

The word disfigure covers

Answer 11

R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage.