Wounding with intent to injure Flashcards Preview

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Flashcards in Wounding with intent to injure Deck (9)
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1
Q

What is the act, section and penalty for wounding with intent to injure?

A

S188(2) CA61

7 yrs

2
Q

What are the 3 elements

A

1- With intent to injure anyone
or
With reckless disregard for the safety of others
2- Wounds or maims or disfigures or causes GBH
3- To any person

3
Q

What 4 points needs to covered with intent to injure?

A

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 an the gash which it produced on the victims head would point strongly to the presence of the necessary intent

Injure- S2 CA61
- Means to cause actual bodily harm

R v Donovan
- Bodily harm includes any hurt or injury calculated to interfere with the victims health or comfort. It need not be permanent but must no doubt be more than merely transitory or trifling.

4
Q

Explain reckless and case law

A

Reckless - R v Harney
Reckless involves consciously and deliberately taking unjustified risk together with an intent to continue to act regardless of the risk.

5
Q

Wound

A

Wound - R v Waters
- A breaking of the skin will be normally evidenced by the flow of blood and at the site of a blow or impact. the would will more often than not be external. But there are cases where the bleeding which evidence the separation of tissues may be internal

6
Q

Maims

A

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

7
Q

Disfigures

A

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

8
Q

Explain GBH

A

GBH

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

9
Q

Person

A

Gender neutral proven by judicial notice or circumstantial evidence

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