Flashcards in Wounding With Intent To Injure Deck (18):
Sec 188(2) Crimes Act 1961
1) With Intent to Injure Anyone or
With reckless disregard for the safety of others
2) Wounds, maims, disfigures or causes GBH
3) To any person
Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
R v Mohan
A decision to bring about. In so far as it lies within the accused's powering, the commission of the offence.
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.
Injure - Sec 2 Crimes Act 1961
Means to cause actual bodily harm.
R v Donnovan
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 or trifling.
Or With Reckless Disregard for the safety of others
Acting recklessly involves consciously and deliberately taking an unjustifiable risk.
R V Harney
Recklessness involves foresight of dangerous consequences that could happen, together with an intention to continue a course of conduct regardless of the risk.
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 the victim is deprived permanently of the use of a limb or one of the senses. There needs to be some degree of permanence.
To disfigure means to deform or deface, mar or alter the figure or appearance of a person.
R v Rapana and Murray
The word disfigure covers not only permanent damage but also 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.