Wounding with intent to cause GBH

Question 1

Wounding with intent to cause GBH

Answer 1

Section 188 (1) Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Elements

Answer 3

1. With intent to cause GBH
2. To anyone
3. Wounds OR maims OR Disfigures OR Causes GBH
4. To any person

Question 4

Intent

Answer 4

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.

Question 5

R v Taisalika

Answer 5

The nature of the blow and the gash which is produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 6

DPP v Smith

Answer 6

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”

Question 7

Person

Answer 7

Gender Neutral. Proven by judicial note or circumstantially.

Question 8

Wound - R v Waters

Answer 8

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.

Question 9

Maims

Answer 9

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 10

Disfigures

Answer 10

To disfigure means to deform or deface to mar or alter the figure or appearance of a person.

Question 11

R v Rapana & Murray

Answer 11

The word disfigure covers not only permanent damage but also temporary damage.

Question 12

GBH

Answer 12

Grievous bodily harm - simply “harm that is really serious”