Liability 189(2)

Question 1

Injuring with Intent to Injure

Section and Penalty

Answer 1

Section 189(2) Crimes Act 1961

5 Years Imprisonment

Question 2

Injuring with Intent to Injure

Ingredients

Answer 2

.1 With intent to injure anyone
OR
With reckless disregard for the safety of others

.2 Injures

.3 Any person

Question 3

.1 With intent to injure anyone

OR

With reckless disregard for the safety of others

Answer 3

Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of necessary intent.
R v Taisalika

_____

Injure:
Means to cause actual bodily harm.
Sec. 2, Crimes Act 1961

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, not doubt, be more than merely transitory or trifling.
R v Donovan

OR

Reckless disregard for the safety of others:
While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognised the extent of the injury that would result.

Reckless:
Means the conscious and deliberate taking of an unjustified risk. It involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
R v Harney

Question 4

.3 Any person

Answer 4

Person:

Gender neutral. Proved by judicial notice or circumstantial evidence.