INJURES W INTENT TO CAUSE GBH Flashcards
Section, Act, Penalty
Elements
189(1) CA 1961 - 10yrs
With intent to cause GBH
To anyone
Injures
Any person
Intent
n a criminal law context, there are two specific types of intention in an offence. Intent to commit and intention to get a specific result.
Result is an aim, object or purpose.
The onus is generally on the prosecution in terms of proving the offenders intent beyond reasonable doubt.
While an offenders admissible are good evidence, it is good practice to support these with circumstantial evidence.
Circumstantial evidence to which the offenders intent can be inferred can include:
- the offenders actions and words, before, during and after the event.
- surrounding circumstances
- the nature of the act itself.
Intent - Case Law
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.
GBH
Harm that is really serious
As long as it is serious, it does need not involve life threatening or permanent injury.
May include psychiatric injury and it is not limited to immediate harm ie HIV
GBH - Case Lae
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious
Injures
Means to cause actual bodily harm.
May be internal or internal and it does not need to be permanent or dangerou
Injury - Case Law
Donovan
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
Injury - Case Law
Donovan
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
Person
Gender neutral.
A person is generally accepted by judicial notice and proved by circumstantial evidence
