Wounding With Intent To Injure Flashcards
Act and section
Sec 188(2) Crimes Act 1961
Penalty
7 Years Imprisonment
Ingredients
WITIAPOWRDFTSOO
W, M, DOCGBH
TAP
1) With Intent to Injure any person or
With reckless disregard for the safety of others
2) Wounds, maims, disfigures or causes GBH
3) To any person
Intent
Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
Case law:
R v Mohan
A decision to bring about. In so far as it lies within the accused’s powering, the commission of the offence.
Case law:
R v Waaka
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
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.
Injure - Sec 2 Crimes Act 1961
Means to cause actual bodily harm.
Case law:
R v Donnovan
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent, but must, no doubt, be more than merely transitory or trifling.
Or With Reckless Disregard for the safety of others
Acting recklessly involves consciously and deliberately taking an unjustifiable risk.
Case law:
R V Harney
Recklessness involves foresight of dangerous consequences that could happen, together with an intention to continue a course of conduct regardless of the risk.
Case law:
R v Waters (WOUND)
A breaking in the continuity of the skin with the flow of blood and can be internal or external.
Maims
Will involve mutilating, crippling or disabling part of the body so the victim is deprived permanently of the use of a limb or one of the senses. There needs to be some degree of permanence.
Disfigures
To disfigure means to deform or deface, mar or alter the figure or appearance of a person.
Case law:
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage.
