Wounding with Intent to Cause GBH

Question 1

Ingredients

Answer 1

With Intent to cause GBH
To anyone
Wounds 
OR
Maims
OR
Disfigures 
OR
Causes GBH
Any Person

Question 2

Act and Section

Answer 2

Sec 188(1), Crimes Act 1961

Question 3

Penalty

Answer 3

14 years

Question 4

Intent Definition

Answer 4

In a criminal law context 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 5

GBH Intent case law

Answer 5

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.
R v Taisalika

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

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

Question 6

Wounding definition and case law

Answer 6

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
R v Waters

Question 7

Maims definition

Answer 7

Maims:
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 8

Disfigures definition and case law

Answer 8

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

The word ‘disfigure’ covers “not only permanent damage but also temporary damage’.
R v Rapana and Murray