Flashcards in Wounding With Intent To Cause GBH Deck (17):
Sec 188(1), Crimes Act 1961
1) With intent to cause GBH
3) Wounds or maims or disfigures or causes GBH
4) Any person
In criminal law there are two specific types of intention in an offence. Firstly there must be an intention to commit an act and secondly there must be an intention to get a specific result.
The onus is generally on the prosecution to prove an offenders intent beyond reasonable doubt
R v Waaka
A fleeting or passing thought is insufficient. There must be a firm intent or firm purpose to effect an act.
R v Taisalika
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.
Grievous bodily harm can be defined simply as "harm that is really serious"
DPP v Smith
Bodily harm needs to explanation and grievous means no more and no less than really serious.
To any one
Gender neutral. Proven by judicial notice or circumstantial evidence.
R v Waters - Wound
A breaking in the continuity of the skin with the flow of blood and can be internal or external.
Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.
To disfigure means to deform or deface, to mar or alter the figure or appearance of a person.
R v Rapana and Murray
The word 'disfigure' covers not only permanent damage but temporary damage.
Grievous Bodily Harm
Grievous bodily harm can be defined as harm that is really serious.
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious.