Injures with Intent to injure

Question 1

Act and section

Answer 1

S189(2) CA 1961

Question 2

Penalty

Answer 2

5 years

Question 3

Ingredients

Answer 3

With Intent to Injure anyone
OR
with reckless disregard for the safety of others

Injures

Any Person

Question 4

Injures Intent definition and case law

Answer 4

In a criminal law context 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.

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.
R v Taisalika

Question 5

Injures Definition and case Law

Answer 5

means to cause actual bodily harm.
Sec. 2, Crimes Act 1961

’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.
R v Donovan

Question 6

With reckless disregard for the safety of others definition and case law

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.

Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

R v Harney

Question 7

Any Person definition

Answer 7

Gender neutral. Proven by judicial or by circumstantial evidence