Injures with Intent

Question 1

Injures with Intent

Section, Penalty, Ingredients

Answer 1

Injures with Intent
Section 189(2) CA61
5 years imprisonment

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

Question 2

Intent

Answer 2

There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 3

R v Taisalika

Answer 3

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 - Sec 2 Crimes Act 1961

Answer 4

Means to cause actual bodily harm.

Question 5

R v Donovan

Answer 5

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 and trifling.

Question 6

With Reckless Disregard for the safety of others.

Answer 6

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

Cameron v R

Answer 7

Cameron v R

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 risk those actions were unreasonable.

Question 8

Injures

Answer 8

Means to cause actual bodily harm.

Question 9

Any person

Answer 9

Gender neutral. Proven by judicial notice or circumstantial evidence.