Injuring with Intent (2)

Question 1

Injuring with Intent (2)

Answer 1

Section 189 (2) Crimes Act 1961

Question 2

Penalty

Answer 2

5 years

Question 3

Elements

Answer 3

1. With intent to injure anyone OR with reckless disregard for the safety of others
2. Injures
3. Any person

Question 4

Intent

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.

Question 5

R v Taisalika

Answer 5

The nature of the blow and the gash which is 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

Section 2, Crimes Act 1961

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

With reckless disregard

Answer 8

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 9

R v Harney

Answer 9

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

Question 10

Person

Answer 10

Gender Neutral. Proven by judicial note or circumstantially.