*Wounding with Intent to Injure - s188(2) Flashcards

1
Q

Section & Penalty
- Wounding with intent to injure

A
  • s188(2) Crimes Act 1961
  • 7yrs
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2
Q

Elements
- Wounding with intent to injure

A
  • With Intent to Injure Anyone
    OR
  • With reckless disregard for the safety of others
  • Wounds, Maims, Disfigures or Causes GBH
  • To any person
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3
Q

Intent

A

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.

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4
Q

TAISALIKA
- Intent

A

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.

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5
Q

Injure
- s2 CA61

A

Means to cause actual bodily harm.

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6
Q

DONOVAN
- Bodily Harm

A
  • 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.
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7
Q

With reckless disregard for the safety of others

A

While it’s necessary to prove the defendant foresaw the risk of injury, it’s not necessary he recognised the extent of the injury.

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8
Q

CAMERON
- Recklessness

A

Recklessness is established if:

  • The defendant recognised that there was a real possibility that his actions would bring about the proscribed result; &/or the proscribed circumstances existed
  • Having regard to that risk those actions were unreasonable.
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9
Q

Wounds
- WATERS

A

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

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10
Q

Maims

A

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.
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11
Q

Disfigures

A

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

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12
Q

RAPANA & MURRAY
- Disfigures

A

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

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13
Q

Grievous Bodily Harm

A

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

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14
Q

SMITH
- GBH

A

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

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15
Q

Any person

A

Gender neutral. Proven by JN or CE.

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