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.

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.

It is not necessary that the person suffering the harm iis the intended victim

Question 12

R v Rapana and Murray

Answer 12

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

Question 13

Not limited to immediate harm

Answer 13

S188 not limited to immediate harmful consequences of the offender’s actions, such as external assault or injury from a blow of some kind - HIV given to victims

Question 14

Doctrine of Transferred Malice

Answer 14

It is not necessary that the person suffering the harm was the intended Victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the doctrine of transferred malice, despite the wrong target being struck.

Question 15

Wounding with intent to cause GBH liability

Answer 15

With intent to cause GBH
-Intent meaning
- R v Taisalika
- GBH meaning
- DPP v Smith
To anyone
- Person meaning
Wounds
- R v Waters
OR Maims
- Maims meaning
OR Disfigures
- Disfigures meaning
- R v Rapana and Murray
OR Causes GBH
- GBH meaning
- DPP v Smith
Any person
- Person meaning