Wounding with Intent to Cause GBH Flashcards

1
Q

Section and Penalty

A

Sec 188(1), Crimes Act 1961

14 years imp

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2
Q

Ingredients

A

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

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3
Q

Intent

A

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.

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4
Q

R v Taisalika

A

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.

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5
Q

GBH

A

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

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6
Q

DPP v Smith

A

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

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7
Q

Person

A

Gender neutral. Proven by judicial notice or circumstantial evidence.

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8
Q

R v Waters

Wound

A

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

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9
Q

Maims

A

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.

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10
Q

Disfigures

A

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

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11
Q

Any Person

A

Gender neutral. Proven by judicial notice or circumstantial evidence.

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12
Q

R v Rapana and Murray

A

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

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