Wounds With Intent to cause GBH Flashcards
Define Section 188
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause GBH to anyone, wounds, maims, disfigures or causes GBH to any person.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes GBH to any person.
What is the difference between subsection (1) and (2) of section 188?
In subsection (1) the offender intends to cause GBH.
In subsection (2) the offender only intends to injure the victim, although the actual outcome is a greater degree of harm than he/she anticipated.
Subsection (2) also allows for an alternative means.
Define Intention
- Intention to commit the act
- Intention to get a specific result
Proving Intent. What was held in R v Collister?
R v Collister:
Circumstantial evidence can be inferred from
- the offender’s actions and words before, during and after the event.
- the surrounding circumstances
- the nature of the act itself.
In a serious assault case, what additional circumstantial evidence may assist in proving an offender’s intent?
- prior threats
- evidence of premeditation
the use of a weapon - whether any weapon was opportunistic or purposely brought.
- the number of blows
- the degree of force used
- the body parts targeted by the offender (eg the head)
- the degree of resistance or helplessness of the victim (eg unconsciousness)
Define 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.
Degree of harm. Explain whether the degree of harm needs to be GBH relevant to the intent
Wounding, maiming, or disfiguration need not be grievous, if in causing that harm the defendant had the intent to cause really serious harm
Define GBH
Harm that is really serious
Define DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious harm.”
Psychiatric injury
“Bodily harm” in s188 includes really serious psychiatric injury identified as such by appropriate specialist evidence.
What is ‘Wounds’? Define in case law
R v Waters:
“ A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and, in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.”
Wounding v GBH
The terms, “wounds, maims and disfigures” refer to the type of injury caused, whereas the term “grievous” refers to the degree of seriousness of the injury
Define Maiming
Depriving another of the use of such of his members as may render him the less able in fighting, either to defend himself or to annoy his adversary.
In practical terms it will involve mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses. There needs to be some degree of permanence.
Define Disfigurement and apply case law
To deform of deface; to mar or alter the figure or appearance of a person.
R v Rapana and Murray
The word ‘disfigure’ covers “not only permanent damage but also temporary damage.
What is the doctrine of transferred malice?
It is not necessary that the person suffering the harm was the intended victim. Where the defendant mistakes the identity of the person injured, or where harm intended for one person is accidentally inflicted on another, he is still criminally responsible, under the Doctrine of Transferred Malice, despite the wrong target being struck.
Injury vs GBH
Where the harm is at the lower end of the scale of seriousness it may amount to an injury.
Where it is higher on the scale it may amount to a wounding, maiming or disfiguring depending on the nature of it, or to grievous bodily harm depending on its seriousness
‘Wounding with intent GBH’ ..Section, Act, Elements
Section 188(1), Crimes Act 1961
- With intent to cause GBH
- To any person
- Wounds / Maims / Disfigures or causes GBH
- To any person
Example of liability
Wounding with intent GBH 14 years
S 188 (1) CA 1961
- With intent to cause GBH
- To any person
- Wounds, maims, disfigures, or causes GBH
- To any person
With intent to cause GBH Intent
- Intent to commit the act
- Intent to get the result
Taisalika – the nature of the blow and gash produced points strongly to necessary intent
R v Collister = Actions or words, before, during or after, Surrounding circumstances and nature of act infer intent.
GBH
Smith – GBH ‘grievous’ – really serious and bodily harm needs no explanation
RTS
It relates to the act not the result (intent to cause GBH)
To any person Proved by JN CE
Wounds, maims, disfigures, or causes GBH Wounds
Waters – breakage of skin, flow of blood (BOS FOB). May be internal or external.
Maims
Involves mutilating, crippling, disabling a part of the body/senses or deprive of its use. Must be some form of Permanence.
Disfigures
Deform or deface, alter figure or appearance of person.
Rapana and Murray – covers both permanent but also temporary damage.
Cause GBH
Refer to above
RTS
To any person Doctrine of transferred malice
Person suffering injury need not be intended person. Still liable even if accidental victim e.g mistaken identity or force intended for one person effects another.
Proved by JN CE
RTS
Example of liability
Wounding with intent GBH 14 years
S 188 (1) CA 1961
- With intent to cause GBH
- To any person
- Wounds, maims, disfigures, or causes GBH
- To any person
With intent to cause GBH Intent
- Intent to commit the act
- Intent to get the result
Taisalika – the nature of the blow and gash produced points strongly to necessary intent
R v Collister = Actions or words, before, during or after, Surrounding circumstances and nature of act infer intent.
GBH
Smith – GBH ‘grievous’ – really serious and bodily harm needs no explanation
RTS
It relates to the act not the result (intent to cause GBH)
To any person Proved by JN CE
Wounds, maims, disfigures, or causes GBH Wounds
Waters – breakage of skin, flow of blood (BOS FOB). May be internal or external.
Maims
Involves mutilating, crippling, disabling a part of the body/senses or deprive of its use. Must be some form of Permanence.
Disfigures
Deform or deface, alter figure or appearance of person.
Rapana and Murray – covers both permanent but also temporary damage.
Cause GBH
Refer to above
RTS
To any person Doctrine of transferred malice
Person suffering injury need not be intended person. Still liable even if accidental victim e.g mistaken identity or force intended for one person effects another.
Proved by JN CE
RTS
