Wounding with intent to cause GBH

Question 1

What is the act, section and penalty for wounding with intent to cause GBH

Answer 1

S188(1) CA61

14 yrs

Question 2

What the 4 elements

Answer 2

1- With intent to cause GBH
2- To any one
3- Wounds or maims or disfigures or causes GBH
4- To any person

Question 3

In relation to intent what 4 types need to be covered?

Answer 3

Intent
- There are 2 specific types of intention in an offence. first there must be an intent to commit an act. Second an intent to get a specific result

R v Taisalika
- The nature of the blow and the gash which it produced on the victims head would point strongly to the presence of the necessary intent

GBH
- GBH can be defined Simply 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.

Question 4

Explain any person

Answer 4

• Gender neutral proven by judicial notice or circumstantial evidence

Question 5

What is a wound

Answer 5

Wound - R v Waters
- A breaking of the skin evidence by the flow of blood at the site of impact or blow. more often than not will be external but can be internal.

Question 6

What is a maims

Answer 6

Maims
- Means mutilating, crippling or disabling part of the victims body so to lose the use of a limb or one of the sense. Needs to be some degree of permanence.

Question 7

Explain Disfigures plus the case law?

Answer 7

Disfigures
- 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 disfigures covers not only permanent damage but also temporary damage

Question 8

Explain GBH

Answer 8

GBH
- GBH can be defined simply as harm that is really serious

DPP v Smith
Bodily harm needs no explanation and Grievous means no more or no less than really serious.

Question 9

Person

Answer 9

• Gender neutral proven by judicial notice or circumstantially