INJURES W INTENT TO INJURE

Question 1

Section, Act, Penalty

Elements

Answer 1

189(2) CA 1961 - 5yrs

1With intent to injure any one
OR
With reckless disregard for the safety of others 
Injures 
Any person

Question 2

Intent

Answer 2

In a criminal law context, there are two specific types of intention in an offence. Intent to commit and intention to get a specific result.
Result is an aim, object or purpose.

The onus is generally on the prosecution in terms of proving the offenders intent beyond reasonable doubt.

While an offenders admissible are good evidence, it is good practice to support these with circumstantial evidence.

Circumstantial evidence to which the offenders intent can be inferred can include:

• the offenders actions and words, before, during and after the event.
• surrounding circumstances
• the nature of the act itself.

Question 3

Intent - Case Law

Answer 3

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.

Question 4

Injure

Answer 4

Means to cause actual bodily harm.

May be internal or internal and it does not need to be permanent or dangerous

Question 5

Injure - Case Law

Answer 5

Donovan
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

Question 6

With Reckless Disregard for the safety of others.

Answer 6

Consciously and deliberately took an unjustifiable risk.

While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognised the extent of the injury that would result.

Question 7

Reckless - Case Law

Answer 7

Cameron
Recklessness is established if:
A) the defendant recognised that there was a real possibility that
i) his or her actions would bring about the proscribed result and/or
ii) that the proscribed circumstances existed and
B) having regard to that those actions were unreasonable

Aware of the risk and proceeded anyway (subjective)
Also that it was unreasonable for him to do so (objective)

Question 8

Reckless - Case Law

Answer 8

Cameron
Recklessness is established if:
A) the defendant recognised that there was a real possibility that
i) his or her actions would bring about the proscribed result and/or
ii) that the proscribed circumstances existed and
B) having regard to that those actions were unreasonable

Aware of the risk and proceeded anyway (subjective)
Also that it was unreasonable for him to do so (objective)

Question 9

Person

Answer 9

Gender neutral.

A person is generally accepted by judicial notice and proved by circumstantial evidence