*Injuring with Intent to Injure - s189(2)

Question 1

Section & Penalty
- Injuring with intent to injure

Answer 1

• s189(2) Crimes Act 1961
• 5yrs

Question 2

Elements
- Injuring with intent to injure

Answer 2

• With intent to injure any one
  OR
• With reckless disregard for the safety of others
• Injures
• Any person

Question 3

Intent

Answer 3

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 4

TAISALIKA
- Intent

Answer 4

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 5

Injure
- s2 CA61

Answer 5

Means to cause actual bodily harm.

Question 6

Donovan
- Bodily Harm

Answer 6

• 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 be more than transitory and trifling.

Question 7

With reckless disregard for the safety of others

Answer 7

While it is necessary to prove the defendant foresaw the risk of injury, it’s not necessary he recognised the extent of the injury.

Question 8

CAMERON
- Recklessness

Answer 8

Recklessness is established if:

• The defendant recognised that there was a real possibility that his or her actions would bring the proscribed result; and / or the proscribed circumstances existed; and
• Having regard to that risk those actions were unreasonable.

Question 9

Injures

Answer 9

Means to cause actual bodily harm.

Question 10

Any person

Answer 10

Gender neutral. Proven by JN or CE.