Wounding

Question 1

Wounding with intent (1)

Answer 1

Section 188 (1)

• With intent to cause GBH
• To any person
• Wounds, maims,
  disfigures or causes GBH
• To any person

14 years

Question 2

Wounding with intent (2)

Answer 2

Section 188(2)

• With intent to injure or
  with reckless disregard
  for the safety of others
• Wounds, maims,
  disfigures or causes GBH
• Any person

7 years

Question 3

In criminal law context what 2 specific types of intention exist in an offence?

Answer 3

1) An intention to commit the act.

2) An intention to get a specific result

Question 4

R v Collister circumstances

2 police

Answer 4

2 police officers were charged with demanding with menaces after causing a man to believe he would be arrested for soliciting homosexual acts unless he paid them money. No money was handed over but intent could be inferred from the circumstances.

Question 5

R v Collister

Answer 5

Intent

Circumstantial evidence from which an offenders intent may be inferred can include:

• the offenders actions and
  words, before, during and
  after the event
• the surrounding
  circumstances
• the nature of the act itself

Question 6

Additional circumstantial evidence to prove intent?

Answer 6

• prior threats
• evidence of premeditation
• the use of a weapon
• weapon opportunistic or
  brought
• number of blows
• degree of force
• body parts targeted (head)
• degree of resistance or
  helplessness of the victim

Question 7

R v Taisalika circumstances

Answer 7

The defendant crashed a party and in an unprovoked attack struck another party-goer on the side of the head with a glass. The glass shattered, causing a serious gash to the victims head and multiple cuts to the face.
Argued that he was too drunk to remember, therefore there was no intent.
Court held loss of memory is not the same as lack of intent.

Question 8

R v Taisalika

Answer 8

Intent

The nature of the blow and the gash which it produced point strongly towards the necessary intent.

Question 9

R v Hunt circumstances

Answer 9

The defendant, while breaking into stables was caught by owner and servant. Defendant attempted to stab the owner but unintentionally cut servant.

Question 10

DPP v Smith

Answer 10

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

Question 11

Owen v Residential Health Management Unit

Answer 11

“Bodily harm” may include psychiatric injury but does not include mere emotions such as fear, distress, panic or a hysterical or nervous condition.

Expert evidence will be required.

Question 12

Caselaw example for psychiatric injury where the victim is unaware of the assault

Answer 12

R v Donaldson

The defendant performed indecent acts on the victim while he was unconscious.

The victim had no recollection of the events but once he learned of them, they had a profound psychological impact on him.

Question 13

R v Mwai circumstances

Answer 13

Defendant faced charges for infecting women with HIV through unprotected sex.

Question 14

R v Mwai

Answer 14

Section 188 is not limited to the immediate harmful consequences of the offenders actions, such as external assault or injury from a blow.

Question 15

R v Waters

Answer 15

A breaking of the skin, evidences by a flow of blood. More often than not is external but may also be internal.

Question 16

R v Scott and Lewis circumstances

Answer 16

Two defendants were charged with “wounding with intent to injure” after punching the victim repeatedly in the head. The victim who was on anti-coagulant drugs sustained internal injuries that required surgery.

Question 17

Wounding vs GBH

Answer 17

Wounds, maims and disfigures refer to the type of injury caused

GBH refers to the degree of seriousness

Question 18

Intent meaning

Answer 18

Intent means that act must be done deliberately. More than involuntary or accidental

Question 19

Maims meaning:

Answer 19

Deprive the victim of the use of a limb or one of the senses. Needs to be some degree of permanence.

Question 20

Disfigures meaning:

Answer 20

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

Question 21

Doctrine of transferred malice

Answer 21

Not necessary that the person suffering the harm was the intended victim. He is still criminally responsible under the doctrine of transferred malice, despite the wrong target being struck

Question 22

R v Mcarthur

Answer 22

Bodily Harm

‘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 23

R v Rapana and Murray circumstances

Answer 23

The defendants forcibly held down their victim and tattooed red marks on his face, using a needle and red ink from a broken pen. The marks faded over time and had disappeared by the time of trial

Question 24

R v Rapana and Murray

Answer 24

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