Injures with Intent to Injure

Question 1

Section and penalty

Answer 1

S189(2) CA61

5 years imp

Question 2

Ingredients

Answer 2

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

Question 3

Intent

Answer 3

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 4

R v Taisalika

Answer 4

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 5

Injure - Sec 2 Crimes Act 1961

Answer 5

Means to cause actual bodily harm.

Question 6

R v Donovan

Answer 6

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 7

With Reckless Disregard for the safety of others.

Answer 7

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 8

R v Harney

Answer 8

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.

Question 9

Injures

Answer 9

Means to cause actual bodily harm.

Question 10

Any person

Answer 10

Gender neutral. Proven by judicial notice or circumstantial evidence.