Injuring with Intent S189(1) CA61

Question 1

What the elements to Injuring with Intent to Injure S189(1) CA61

Answer 1

• With intent to cause GBH
• To any person -
• Injures
• 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 PURPOSE

Question 3

Define Causes

Answer 3

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

Question 4

Define GBH

Answer 4

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 5

DDP V Smith

Answer 5

Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 6

R v Donovan

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, no doubt, be more than merely transitory and trifling

Question 7

Define Person S2 CA61

Answer 7

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 8

Define S2 CA61 Injure

Answer 8

To injure means to cause actual bodily harm

Question 9

Define Actual Bodily Harm

Answer 9

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

Question 10

R v Donovan

Answer 10

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 11

Define Person S2 CA61

Answer 11

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 12

Define Doctrine of Transferred Malice

Answer 12

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