Wounding With Intent To Cause GBH

Question 1

Section

Answer 1

Section 188(1), Crimes Act 1961

Question 2

Pentaly

Answer 2

14 years

Question 3

Ingredients

Answer 3

1) With Intent to cause GBH
2) To anyone
3) Wounds or maims or disfigures or causes GBH
4) Any person

Question 4

Intent

Answer 4

Mean to do it, the desire a specific result and act with the aim or purpose of achieving it

Question 5

GBH can simply be defined as

Answer 5

“Harm that is really serious”

Question 6

To anyone

Answer 6

Gender neutral. Proved by judicial notice or circumstantially

Question 7

Wound -R v Waters

Answer 7

“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 orrurrence 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 8

Maims

Answer 8

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

Disfigure

Answer 9

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

Question 10

Grievous Bodily Harm

Answer 10

“Harm that is really Serious”

Question 11

Any Person

Answer 11

Gender neutral. Proved by judicial notice or circumstantially.

Question 12

R v Mohan (intent)

Answer 12

A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.

Question 13

R v Waaka (intent)

Answer 13

A fleeting or passing thought is not sufficient; there must be a firm intent or a firm purpose to effect an act.

Question 14

DPP v Smith (GBH)

Answer 14

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

Question 15

R v Waters (wound)

Answer 15

• A breaking of the skin
• Flow of blood
• More often than not external
• May be internal

Question 16

R v Rapana and Murray (disfigure)

Answer 16

The word “disfigure” covers “not only permanent damage but also temporary damage”

Question 17

R V Taisalika

Answer 17

The nature of the blow and the gash in which it produced on the complainants head would strongly point to the presence of the necessary intent.

Question 18

R v Donovan

Answer 18

Bodily harm ..includes any hurt or injury calculated to interfere with the health or comfort of (the victim)..it need not be permanent, but must, no doubt, be more than, merely transitory and trifling.

Question 19

R v Harney

Answer 19

Reckless means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of risk.