Wounding with Intent to Injure Flashcards
Section and Penalty
Sec 188(2) Crimes Act 1961 7 years imprisonment
Ingredients
- With intent to injure anyone OR with reckless disregard for the safety of others
- Wounds OR maims OR disfigures OR causes GBH
- To any person
Define injures
Means to cause actual bodily harm
R v DONOVAN
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 or trifling.
Define ‘With 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.
R v HARNEY
Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk.