Wounding with Intent to Injure Flashcards
Section and Penalty
Sec 188(2) Crimes Act 1961
7 years imprisonment
with intent to
injure
any one
OR with reckless disregard for the safety of others
Wounds Maims Disfigure or cause GBH
To any person.
Wounding with intent to injure
Sec 188(2) Crimes Act 1961
7 years imprisonment
- With intent to
injure
anyone
OR with reckless disregard for the safety of others - Wounds OR maims OR disfigures OR causes GBH
- To any person
Define injures
Means to cause actual bodily harm
R v DONOVAN
Bodily Harm
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It don’t need to be permanent, but must be more than merely transitory or trifling.
Define ‘With reckless disregard for the safety of others’
While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognised the extent of the injury that would result.
CAMERON
Recklessness is established if: (a) the defendant recognised that there was a real possibility that: (i) his or her actions would bring about the proscribed result; and/or (ii) that the proscribed circumstances existed; and (b) having regard to that risk those actions were unreasonable.