Injures with Intent Flashcards
Section and penalty
S189(2) CA61
5 years imp
Ingredients
1) With intent to injure any one OR With reckless disregard for the safety of others 2) Injures 3) Any person
Intent
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.
R v 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.
Injure - Sec 2 Crimes Act 1961
Means to cause actual bodily harm.
R v 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 and trifling.
With Reckless Disregard for the safety of others.
Defendant AWARE of risk and proceeded regardless (subjective)
UNREASONABLE for him to do so in the circumstances as known to him (objective)
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.
R v Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.
Injures
Means to cause actual bodily harm.
Any person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Injuring with intent liability
With intent to injure anyone - Intent - R v Taisalika - Injures S2 - R v Donovan - person meaning OR with reckless disregard for the safety of others - meaning - R v Harney Injures - meaning S2 - R v Donovan Any person - person meaning
