Injuring with intent

Question 1

Injuring with intent to cause GBH:

Section/Penalty/Elements

Answer 1

Injuring with intent to cause GBH:
CA 61; S189(1)
10 years imprisonment

1. With intent to cause GBH
2. To any one
3. Injures
4. Any person

Question 2

Injuring with intent to injure/reckless disregard:

Section/penalty/elements

Answer 2

Injuring with intent to injure/reckless disregard:
CA 61; S189(2)
5 years imprisonment

1. With intent to injure anyone 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

Grievous Bodily Harm

Answer 5

Harm that is really serious.

A person causes GBH if their actions make them criminally responsible for it.

Question 6

DPP V Smith

Answer 6

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

Question 7

Injures - S2 CA61

Answer 7

Means to cause actual bodily harm.

Question 8

R v Donovan

Answer 8

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.

Application: Actual bodily harm.

Question 9

Any Person

Answer 9

As proven by judicial notice or circumstantial evidence.

Question 10

R v Chan-Fook

Answer 10

“Bodily injury may include injury to any of those parts of his body responsible for his mental and other faculties … accordingly the phrase actual bodily harm is capable of including psychiatric injury.”

Question 11

What is the difference between injuring with intent to cause GBH and injuring with intent to injure?

Answer 11

The difference is in the offender’s intent. In ss1, the offender intends to cause GBH, however the outcome is a lesser degree of harm than the offender intended.

In ss2, the offender intends only to injure the victim, or acts with reckless disregard for the safety of others, and in doing so injures the victim.

Question 12

Cameron v R

Answer 12

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Question 13

R v Tipple

Answer 13

Recklessness requires that the defendant know of, or have a conscious appreciation of, the relevant risk and it may be said that it requires a deliberate decision to run the risk.

Question 14

Reckless disregard for the safety of others

Answer 14

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 15

What definitions and/or case laws should be included in your discussion of the liability of

• S189(1) - injuring with intent to cause GBH

Answer 15

Definition of intent: R v Collister; 2 specific types of intent;

Causes GBH - a person causes GBH if their actions make them criminally responsible for it.

Definition of GBH: harm that is really serious; DPP v Smith;

Definition of injure: cause actual bodily harm; R v Donovan; R v Chan-Fook;

Definition of person: S2 CA61; gender neutral

Question 16

What definitions and/or case laws should be included in your discussion of the liability of

• S189(2) - injuring with intent to injure

Answer 16

Definition of intent: R v Collister; 2 specific types of intent;

Definition of injure: cause actual bodily harm; R v Donovan; R v Chan-Fook;

Reckless disregard for the safety of others: Cameron v R; R v Tipple;

Definition of person: S2 CA61; gender neutral