Injuring with intent - S189 Flashcards
Injuring with intent to cause GBH:
Section/Penalty/Elements
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
Injuring with intent to injure/reckless disregard:
Section/penalty/elements
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
S189(1) Element 1/4
With intent to Cause GBH
What case laws and definitions for this element?
Definitions: Intent
Case Laws:
1) R v Taisalika
2) R v Collister
3) DPP v Smith
S189(1) Element 2 and 4
To any person
What case laws and definitions for this element?
Definition = Gender neutral, accepted by JN/CE
S189(1) Element 3
Injures
What case laws and definitions for this element?
Definition = Injure = Actual Bodily Harm
Case Law: R v McArthur
What is:
Doctrine of transferred Malice
The person suffering the injury/wound need not be the intended person
R v Hunt: Defendant attempted to stab person with a knife, but caused a wound to another
S189(2) Element 1
With intent to injure anyone OR with reckless disregard for the safety of others
What case laws and definitions for this element?
Definitions: Intent
Intent to Injure Case Laws:
1) R v Taisalika
2) R v Collister
3) R v McArthur
Definition: Recklessly
Recklessly Case Laws:
1) Cameron v R
2) R v Tipple
S189(1) Element 3
Injures
What case laws and definitions for this element?
Definition = Injure = Actual Bodily Harm
Case Law: R v McArthur
Case law:
R v Collister
R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent
Note: Intent
Case Law:
DPP v Smith
DPP v Smith:
GBH means really serious harm
Note: Causes GBH
Case law:
R v Taisalika
R v Taisalika
The nature of the blow and the gash produced points strongly to the necessary intent
Case Law:
R v McArthur
R v McArthur
Bodily Harm mean hurt or injury that interferes with health and comfort of the victim.
Note: injury
Case Law:
Cameron v R
Cameron v R:
Offender knew actions would bring result and circumstances existed.
Note: Recklessly
Case Law:
R v Tipple
R v Tipple:
Knowing the risk and acting anyway
Note: Recklessly
Definition: Intent
Deliberate act to get a specific result
