Injuring - S189(1) & S189(2)

Question 1

Section 189(1), Crimes Act 1961

Answer 1

Injuring with Intent to Cause GBH (Grievous Bodily Harm)

= 10years imprisonment

Question 2

Intent

Answer 2

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.

Secondly, an intention to get a specific result

Question 3

To any one

Answer 3

Gender neutral. Proved by judicial notice or circumstantially

Question 4

DPP v Smith

Answer 4

Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 5

R v Taisalika

Answer 5

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 6

Injure

Answer 6

Means to cause actual bodily harm

Question 7

R v Donovan

Answer 7

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 8

Section 189(2), Crimes Act 1961

Answer 8

Injuring with Intent

= 5years imprisonment

Question 9

What are the 4 elements to:

Injuring with Intent to Cause GBH?

Answer 9

1. With Intent to cause Grievous Bodily Harm
2. To anyone
3. Injures
4. Any person

Question 10

With Reckless Disregard for the Safety of Others

Answer 10

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 11

R v Harney

Answer 11

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