Injuring with Intent

Question 1

Definition of “to injure: in s2 of the Crimes Act

Answer 1

To injure means to cause actual bodily harm

Question 2

Actual bodily harm definition

Answer 2

May be internal or external, need not be permanent or dangerous

Question 3

R v Donovan

Answer 3

‘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 transitory and trifling.

Question 4

Definition of acting recklessly

Answer 4

Consciously and deliberately taking an unjustifiable risk

Question 5

Cameron v R

Answer 5

Recklessness is established if:

(a) the defendant realised thaat there was a real possibility that
- his or her actions would bring about the proscribed result, and
- the proscribed circumstances existed, and

(b) having regard to that risk those actions were unreasonable

Question 6

Injuring with intent, the difference between subsection (1) and (2)

Answer 6

Difference in offenders intent

(1) the offender intends to cause GBH, however the outcome is of a lesser degree of harm than intended
(2) offender intends to injure of acts with reckless disregard for the safety of others, and in doing so injures the victim

Question 7

Injuring with intent 1 liability

Answer 7

s189(1) CA 1961

• with intent to cause GBH
• to any person
• injures
• any person

Question 8

Injuring with intent 2 liability

Answer 8

s189(2) CA 1961

• with intent to injure any person or reckless disregard for the safety of others
• injures
• any person