assault with intent to cause grievous bodily harm
If you assault someone with the intent to commit rape, this is another form of criminal act that carries a maximum sentence of fourteen years. Wounding with intent to cause grievous bodily harm carries a maximum penalty of 25 years imprisonment in the District Court. Many translated example sentences containing "assault with intent to cause grievous bodily harm" – French-English dictionary and search engine for French translations. Aggravated assault is an umbrella term for a range of assault offences which are more serious than the common assault offence. If you are charged with this offence you should contact our office immediately. We appeared before Magistrate Schurr at Central Local Court in December 2017, where we applied for bail. One of the elements of the offence of assault with intent to do grievous bodily harm is proof of ‘intent.’ On the other hand, Section 77(6)(a)(i) envisages a situation where the charge involves, as a matter of fact, serious violence. 188 Wounding with intent (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person. A 37-year-old woman was charged with act with intent to cause grievous bodily harm to her 46-year-old husband. [1] David Hallett/Stuff. For the purposes of ABH, an assault is an act that causes a person to suffer unlawful violence. s 33B(1) 12 yrs. If the defendant was holding a knife in his or her hand and stabs the victim, unless other circumstances exist to say otherwise, an ordinary person would infer that stabbing a knife into another would cause grievous bodily harm. Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. There’s no minimum sentence for assault with intent to cause grievous bodily harm. The distinction between the crime of assault and assault with the intention to do grievous bodily harm was aptly re-stated in S v ZWEZWE 2006 (2) SACR 599 (N) at 603B-D. For the crime of assault with the intention to cause grievous bodily harm, the offender must have the necessary intention to cause the complainant grievous bodily harm. Causing grievous bodily harm in NSW Recklessly causing grievous bodily harm is an offence under section 35(2) of the Crimes Act 1900 (NSW) which carries a maximum penalty of 10 years’ imprisonment. Case scenario: NOTE: In NSW, people are charged with the Grievous Bodily Harm (GBH) offence if they assault someone with the intent to cause (and do cause) a serious injury. Assault. Section 18 Assault – Wounding/Grievous Bodily Harm (GBH) with intent. Negotiate to drop charges. section 236(1) (causing grievous bodily harm with intent to rob or assault with intent to rob in specified circumstances): The Court observed that assault with intent to cause grievous bodily harm is not always accompanied by violence. : Maximum penalty--Imprisonment for 25 years. Everyone who, with intent to cause any grievous bodily harm to any person, unlawfully and maliciously puts any explosive substance in any place whatever, shall be guilty of felony and liable to imprisonment for fourteen years. He has been charged with wounding with intent to cause grievous bodily harm and appeared in Whakatane District Court today. Wounding and causing grievous bodily harm with intent are offences covered by section 33 of the NSW Crimes Act.. ELEMENTS OF INFLICTING GRIEVOUS BODILY HARM MENS REA : - the defendant must have the intention or be reckless as to the causing of some harm. A 53-year-old man was charged with assault causing actual bodily harm to his 8-year-old son. KwaZulu-Natal police spokesperson Captain Nqobile Gwala said a case of assault with intent to cause grievous bodily harm was opened for investigation by Mehlomnyama SAPS. CRIMES ACT 1900 - SECT 33 Wounding or grievous bodily harm with intent 33 Wounding or grievous bodily harm with intent (1) Intent to cause grievous bodily harm A person who-- (a) wounds any person, or (b) causes grievous bodily harm to any person, with intent to cause grievous bodily harm to that or any other person is guilty of an offence. [8] Assault with intent to do grievous bodily harm consists in an assault which is accompanied by the intent to do grievous bodily harm. - The Western Cape #TheWC. It is a defence to a charge of intentional wounding or GBH where there was no genuine intent to wound or to cause GBH. Reckless here means the defendant should have foreseen the risk of some harm [Savage and Parmenter] -There is no need to establish that the defendant intended or was reckless in causing the grievous bodily harm that did occur. The table below provides the rate of assault GBH across province, sex and age group in 2016/17. Assault Lawyers for Wounding or Causing Grievous Bodily Harm with Intent. No Intent to Cause Grievous Bodily Harm or Wounding. Only after convicting him, the magistrate announced that it was on a charge of assault with intent to cause grievous bodily harm. Assault causing death: s 25A(1) 20 yrs: Assault causing death when intoxicated: s 25A(2) 25 yrs: Choke, suffocate or strangle: s 37(1A) 5 yrs It includes any act that causes discomfort or harm to a person’s health. 53. Wound or inflict grievous bodily harm with intent to cause grievous bodily harm or resist arrest s 33(1)–(2) 25 yrs/SNPP 7 yrs. GBH (grievous bodily harm) with intent is a Section 18 offence rather than a lesser Section 20 offence.Assault can be committed recklessly or intentionally, so to prove intent it must be demonstrated that the offender both caused severe injuries and intended to cause them. Wounding or causing grievous bodily harm (GBH) to any person with intent is an offence under section 33 of the Crimes Act 1900. Our senior lawyers have … Enquiries are ongoing to locate a second offender and the public can expect to see an increased Police presence in the Bay, particularly in and around Te Teko and Kawerau.