Injuring with intent (2) Flashcards
Section
Section 189 (2), Crimes Act 1961
Penalty
5 years
Ingredients
1)With intent to injure anyone or
With reckless disregard for the safety of others
2) Injures
3) Any person
Intent
Mean to do it, they desire a specific result and act with the aim or purpose of achieving it.
Injure
To cause actual bodily harm
With Reckless disregard for the safety of others
Acting recklessly involves consciously and deliberately taking an unjustifiable risk.
A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence
A) R v Waaka
B) R v Mohan
C) R v Taisalika
R v Mohan
A fleeting or passing thought is not sufficent; there must be a firm intent or firm purpose to effect an act
A) R v Waaka
B) R v Mohan
C) R v Taisalika
R v Waaka
The nature of the blow and the gash which it produced on the complainants head would point strongly to the presence of the necessary intent
A) R v Waaka
B) R v Mohan
C) R v Taisalika
R v Taisalika
Recklessness involves foresight of the dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk
R v Harney