Wounding With Intent To Cause GBH Flashcards
Act and section
Sec 188(1), Crimes Act 1961
Penalty
14 Years Imprisonment
Ingredients
WITCGBH
TAP
WOMODOCGBH
TAP
1) With intent to cause GBH
2) To any person
3) Wounds or maims or disfigures or caused GBH
4) To any person
Intent
ICLTATSTOIIAO. FTMBAITCAAASTMBAITGASR
In criminal law there are two specific types of intention in an offence. Firstly there must be an intention to commit an act and secondly there must be an intention to get a specific result.
Proving intent
TOIGOTPTPAOIBRD
The onus is generally on the prosecution to prove an offenders intent beyond reasonable doubt
Case law:
R v Waaka
AFOPTII. TMBAFIOFPTEAA
A fleeting or passing thought is insufficient. There must be a firm intent or firm purpose to effect an act.
Case law :
R v Taisalika
TNOTBATGWIPOTCHWPSTTPOTNI
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.
Define GBH
Grievous bodily harm can be defined simply as “harm that is really serious”
DPP v Smith
BHNNEAGMNMANLTRS
Bodily harm needs no explanation and grievous means no more and no less than really serious.
To any person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Case law:
R v Waters - Wound
ABITCOTSWTFOBACBIOE
A breaking in the continuity of the skin with the flow of blood and can be internal or external.
Maims
WIM, CODPOTBSVIDOTUOALOOOTS. NTBSDOP
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.
Disfigures
TDMTDOD, TMOATFOAOAP
To disfigure means to deform or deface, to mar or alter the figure or appearance of a person.
Case law:
R v Rapana and Murray
TWDCNOPDBTD
The word ‘disfigure’ covers not only permanent damage but temporary damage.
