Wounding with intent S188(2) CA61

Question 1

What are the elements to Wounding with Intent S188(2) CA61

Answer 1

-With intent to injure any person/With reckless disregard for the safety of others
-Wounds/Maims/Disfigures/Causes GBH
-Any Person

Question 2

Define Intent

Answer 2

There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PRUPOSE

Question 3

R v Collister

Answer 3

Circumstantial evidence of the offender’s intent may be inferred by:
- The offender’s actions and words before, during and after the event
- Surrounding circumstances
- The nature of the act itself

Question 4

R v Taisalika

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

Define Recklessly

Answer 5

Recklessly involves consciously and deliberately taking an unjustifiable risk

Question 6

Define Reckless Disregard

Answer 6

While it is necessary to prove the defendant foresaw the risk, it it not necessary that he/she recognised the extent of the injury that would result

Question 7

What must be proved regarding recklessness

Answer 7

Subjective test: The defendant was aware of the risk and proceeded regardless

Objective test: It was unreasonable for him/her to run that risk.

Question 8

Cameron v R

Answer 8

Recklessness is established if:
(a) The defendant recognised that there was a real possibility that
(i) His/her actions would bring about a proscribed result and/or
(ii) The prescribed circumstances existed and
(b) Having regard to that risk, those actions were unreasonable

Question 9

Define S2 CA61 Injure

Answer 9

To injure means to cause actual bodily harm

Question 10

Define Actual Bodily Harm

Answer 10

Actual Bodily harm may be internal or external, and it need not be permanent or dangerous.

Note: In R v Chan-fook, actual bodily harm includes psychiatric injury, if medical evidence confirms and identifiable clinical condition

Question 11

R v Donovan

Answer 11

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 and trifling

Question 12

Define Person S2 CA61

Answer 12

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 13

Define Wounds

Answer 13

Wounds can be defined in Case Law R v Waters

Question 14

R v Waters

Answer 14

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 the flow of blood and, in its occurrence at the site of 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

Question 15

Define Maims

Answer 15

Maiming in practical terms 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. The term maiming is archaic, and any injury fitting theses descriptions would be really serious therefore classed as GBH

Question 16

Define Disfigurement

Answer 16

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

Question 17

R v Rapana and Murray

Answer 17

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

Question 18

Causes

Answer 18

In this context a person causes GBH if his/her actions make him/her criminally responsible for it

Question 19

Define GBH

Answer 19

Grievous bodily harm simply means “ Harm that is really serious”. This section does not specify the manner in which the harm is caused and there is no reference to violence, therefore it is not necessary to prove an assault in all cases. Grievous refers to the degree of harm rather than the nature of how it was caused and as long as the harm is serious, it doesn’t need to involved life threatening or permanent injury

Question 20

Define Person S2 CA61

Answer 20

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 21

Define Doctrine of Transferred Malice

Answer 21

It is not necessary the person suffering the harm was the intended victim. Where the defendant mistakes the identity or where the harm intended for one victim was inflicted on another. R v Hunt the servant was stabbed instead of the intended victim being the property owner