Injuring With Intent To Injure

Question 1

Act and section

Answer 1

Sec 189 (2)Crimes Act 1961

Question 2

Penalty

Answer 2

5 Years Imprisonment

Question 3

Ingredients

WITIAP O WRDFTSOO
IAP

Answer 3

1) With intent to injure any person
or
With reckless disregard for the safety of others

2) Injures
3) Any person

Question 4

Intent

Answer 4

Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.

Question 5

Case law:

R v Mohan

Answer 5

A decision to bring about. In so far as it lies within the accused’s power, the commission of the offence.

Question 6

Case law:

R v Taisalika

Answer 6

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 7

Injure - Sec 2 Crimes Act 1961

Answer 7

Means to cause actual bodily harm.

Question 8

Case law:

R v Donnovan

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.

Question 9

With Reckless Disregard for the safety of others.

Answer 9

Acting recklessly involves consciously and deliberately taking an unjustifiable risk

Question 10

Case law:

R v Harney

Answer 10

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

Question 11

Injures

Answer 11

What the harm was and the fact that it fits with the definition.

Question 12

Any person

Answer 12

Gender neutral. Proven by judicial notice or circumstantial evidence.