Injuring with Intent

Question 1

Injuring with Intent - Section and ingredients

Answer 1

Section 189(2) of crimes act 1961 - 5 years

1. with intent to injure anyone OR with reckless disregard for the safety of others
2. injures
3. any person

Question 2

what is intent

Answer 2

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it

Question 3

R v Mohan on intent

Answer 3

a decision to bring about in so far as it lies within the accused’s power, the commission of the offence

Question 4

R v Waaka on intent

Answer 4

a fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act

Question 5

R v Taisalika on intent

Answer 5

The nature of the blow and gash which it produced on the complainants head would point strongly to the presence of the necessary intent

Question 6

injures definition under section 2 of crimes act

Answer 6

means to cause actual bodily harm

Question 7

R v Donovan on bodily harm

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

What does acting recklessly mean

Answer 8

Acting recklessly involves consciously and deliberately taking an unjustifiable risk

Question 9

R v Harney on recklessness

Answer 9

recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk