*Wounding with Intent to Cause GBH - s188(1)

Question 1

Section & Penalty
- Wounding with intent to cause GBH

Answer 1

• s188(1) Crimes Act 1961
• 14yrs

Question 2

Elements
- Wounding with intent to cause GBH

Answer 2

• With intent to cause GBH
• To Anyone
• Wounds, Maims, Disfigures or Causes GBH
• To any person

Question 3

Intent

Answer 3

There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 4

TAISALIKA
- Intent

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

Grievous Bodily Harm

Answer 5

GBH can be defined as “harm that is really serious.”

Question 6

SMITH
- GBH

Answer 6

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

Question 7

To anyone

Answer 7

Gender neutral. Proven by JN or CE.

Question 8

Wounds
- WATERS

Answer 8

A wound involves the breaking of the skin and the flowing of blood, either externally or internally.

Question 9

Maims

Answer 9

Involves mutilating, crippling or disabling a part of the body as to deprive the victim of the use of a limb or of the senses.

• Needs to be some degree of permanence.

Question 10

Disfigures

Answer 10

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

Question 11

RAPANA & MURRAY
- Disfigures

Answer 11

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

Question 12

Any person

Answer 12

Gender neutral. Proven by JN or CE.

Question 13

*Doctrine of transferred malice

Answer 13

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.

Question 14

Circumstantial evidence from which an offender’s intent may be established can include?
- SON

Answer 14

• The surrounding circumstances.
• The offender’s actions & words before, during, and after the event.
• The nature of the act itself.

Question 15

*In a serious assault case, outline 8 ways of proving additional circumstantial evidence, which may assist in proving the offenders intent?

Answer 15

• Prior threats
• Evidence of premeditation
• The use of a weapon
• If any weapon used was opportunistic or purposely brought
• The number of blows
• The degree of force
• The body parts targeted
• The degree of resistance or helplessness of the victim