Wounding with Intent to Cause GBH

Question 1

Section and Penalty

Answer 1

Sec 188(1), Crimes Act 1961

14 years imp

Question 2

Ingredients

Answer 2

1) With intent to cause GBH
2) To Anyone
3) Wounds
OR
Maims
OR
Disfigures
OR
Causes GBH
4) To any person

Question 3

Intent

Answer 3

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 4

R v Taisalika

Answer 4

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 5

GBH

Answer 5

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

Question 6

DPP v Smith

Answer 6

Bodily harm needs to explanation and grievous means no more and no less than really serious.

Question 7

Person

Answer 7

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 8

R v Waters

Wound

Answer 8

A breaking in the skin with a flow of blood, more often than not will be external, may be internal (bleeding/separation off tissues)

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

Any Person

Answer 11

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 12

R v Rapana and Murray

Answer 12

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