Wounding with Intent to Cause GBH Flashcards
Section and Penalty
Sec 188(1), Crimes Act 1961
14 years imp
Ingredients
1) With intent to cause GBH
2) To Anyone
3) Wounds
OR
Maims
OR
Disfigures
OR
Causes GBH
4) To any person
Intent
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.
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
Grievous bodily harm can be defined simply as “harm that is really serious”
DPP v Smith
Bodily harm needs to explanation and grievous means no more and no less than really serious.
Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
R v Waters
Wound
A breaking in the skin with a flow of blood, more often than not will be external, may be internal.
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.
Disfigures
To disfigure means to deform or deface, to mar or alter the figure or appearance of a person.
Any Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage.