Wounding with Intent to Cause GBH Flashcards

1
Q

Wounding with Intent to Cause GBH - section and ingredients

A

Section 188(1) of crimes act 1961 - 14 years

  1. with intent to cause grievous bodily harm
  2. to anyone
  3. wounds OR maims OR disfigures OR causes GBH
  4. any person
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2
Q

What is intent

A

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

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3
Q

R v Mohan on intent

A

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

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4
Q

R v Waaka on intent

A

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

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5
Q

R v Taisalika on intent

A

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

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6
Q

What is grievous bodily harm

A

harm that is really serious

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7
Q

DPP v Smith on grievous bodily harm

A

bodily harm needs no explanation and grievous means no more and no less than really serious

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8
Q

R v Waters on wound

A

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

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9
Q

What is a maim

A

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

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10
Q

what is the meaning of 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

R v Rapana and Murray on the word disfigure

A

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

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