Action on the case (intentional injury to the person)

Question 1

What are the three elements of action on the case?

Answer 1

• nature of the act
• calculated/deliberate damage
• personal injury was indeed caused

Question 2

What can constitute as the act?

Answer 2

• actions/conduct [Bird v Holbrook]
• words alone [Wilkinson]
• combination of acts and words [Naidu] (does not need to be a single instance)

Question 3

Does the identity of the person injured matter?

Answer 3

• No - it does not matter if the injury was not intended to hurt that person [Birds v Holbrook]

Question 4

What are the two elements of calculating to cause damage?

Answer 4

1. they subjectively intended on causing damage

2. objectively likely to injure the P –> reckless or substantially likely to follow

Question 5

Does the extent of the injury need to be intended?

Answer 5

No - only requires similar type of harm

[Wilkinson]

Question 6

What are the two elements to personal injury?

Answer 6

1. That personal injury was indeed suffered
   a. physical injury [Bird v Holbrook]
   b. Psychiatric illness [Janvier]
   - –> mental distress is not enough [Giller]
   - –> Requires psychiatric illness
2. that it was caused by the D
   - –> use ‘but for’ test