*Wounding with Intent to Injure - s188(2)

Question 1

Section & Penalty
- Wounding with intent to injure

Answer 1

• s188(2) Crimes Act 1961
• 7yrs

Question 2

Elements
- Wounding with intent to injure

Answer 2

• With Intent to Injure Anyone
  OR
• With reckless disregard for the safety of others
• Wounds, Maims, Disfigures or Causes GBH
• To any person

Question 3

Intent

Answer 3

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 4

TAISALIKA
- Intent

Answer 4

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.

Question 5

Injure
- s2 CA61

Answer 5

Means to cause actual bodily harm.

Question 6

DONOVAN
- Bodily Harm

Answer 6

• 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 be more than transitory and trifling.

Question 7

With reckless disregard for the safety of others

Answer 7

While it’s necessary to prove the defendant foresaw the risk of injury, it’s not necessary he recognised the extent of the injury.

Question 8

CAMERON
- Recklessness

Answer 8

Recklessness is established if:

• The defendant recognised that there was a real possibility that his actions would bring about the proscribed result; &/or the proscribed circumstances existed
• Having regard to that risk those actions were unreasonable.

Question 9

Wounds
- WATERS

Answer 9

A wound involves the breaking of the skin and the flowing of blood, either externally or internally.

Question 10

Maims

Answer 10

Involves mutilating, crippling or disabling a part of the body as to deprive the victim of the use of a limb or of the senses.

• Needs to be some degree of permanence.

Question 11

Disfigures

Answer 11

To deform or deface, to mar or alter the figure or appearance of a person.

Question 12

RAPANA & MURRAY
- Disfigures

Answer 12

The word disfigure covers not only permanent damage but also temporary damage.

Question 13

Grievous Bodily Harm

Answer 13

GBH can be defined as “harm that is really serious.”

Question 14

SMITH
- GBH

Answer 14

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

Question 15

Any person

Answer 15

Gender neutral. Proven by JN or CE.