Wounding with Intent to Cause GBH Flashcards
Wounding with Intent to Cause GBH - section and ingredients
Section 188(1) of crimes act 1961 - 14 years
- with intent to cause grievous bodily harm
- to anyone
- wounds OR maims OR disfigures OR causes GBH
- any person
What is intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it
R v Mohan on intent
a decision to bring about in so far as it lies within the accused’s power, the commission of the offence
R v Waaka on intent
a fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act
R v Taisalika on intent
The nature of the blow and gash which it produced on the complainants head would point strongly to the presence of the necessary intent
What is grievous bodily harm
harm that is really serious
DPP v Smith on grievous bodily harm
bodily harm needs no explanation and grievous means no more and no less than really serious
R v Waters on wound
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
What is a maim
involves 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
what is the meaning of disfigures
to disfigure means to deform or deface, to mar or alter the figure or appearance of a person
R v Rapana and Murray on the word disfigure
The word disfigure covers not only permanent damage but also temporary damage