Wounding with intent to injure Flashcards
What is the act, section and penalty for wounding with intent to injure?
S188(2) CA61
7 yrs
What are the 3 elements
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
What 4 points needs to covered with intent to injure?
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.
Explain reckless and case law
Reckless - R v Harney
Reckless involves consciously and deliberately taking unjustified risk together with an intent to continue to act regardless of the risk.
Wound
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
Maims
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.
Disfigures
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
Explain GBH
GBH
- GBH can be defined simply as harm that is really serious
Person
Gender neutral proven by judicial notice or circumstantial evidence
