Wounding with intent to injure

Question 1

Act and section

Answer 1

188(2) CA 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Ingredients

Answer 3

With intent to injure any person or

With reckless disregard for the safety of others

Wounds or maims or disfigure or causes GBH

To any person

Question 4

Intent

Answer 4

A person does something intentionally if they mean to do it. They desire a specific outcome and act with aim or purpose to achieve it.

R v MOHAN
A decision to bring about in so far as it lies within the accused power the commission of the offence

R v WAAKA
A fleeting or passing thought is insufficient there must be a firm intent or firm purpose to effect an act.

R v TAISALIKA
The nature of the blow and the gash which it produced on the complaints head would point strongly to the presecene of the necessary intent.

Question 5

injure

Answer 5

S2 CA 1961

To injure means to cause actual bodily harm.

Question 6

Reckless

Answer 6

A person conscious and deliberate taking of an unjustified risk.

R v HARNEY
Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the conduct regardless of the risk.

Question 7

Wounds, Maims, Disfigures or causes GBH

Answer 7

Wounds - Broken skin, internal bleeding. A blood nose is not sufficent, it must be a stab, laceration or rupture.

R V WATERS
A wound is the breaking of the continuity of the skin with the flow of blood and can be internal or external.

Maims - Will involve mutailating, crippling or disabling a body part as to deprive the victim of the use of a limb or one of the senses. Must be some form of permancy.

Disfigure - To deform or deface, mar or alter a persons figure or personal appearance.

RAPANA & MURRAY
Disfigurement need not be permanent injury or harm, it can be temporary.

GBH - really serious harm

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