Wounding With Intent to injure / reckless disregard for safety of others Flashcards
Define the term, “to injure”
As per section 2 of Crimes Act 1961, to injure means to cause actual bodily harm
What is actual bodily harm?
Actual bodily harm may be internal or external, and it need not be permanent or dangerous.
Actual bodily harm can include psychiatric injury, if medical evidence confirms an identifiable clinical condition.
What was held in R v Donovan?
‘Bodily harm’ includes any hurt or injury calculated to interfere with the health or comfort of the (the victim). it need not be permanent, but must, no doubt, be more than merely transitory and trifling
Define Recklessness
Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk
What was found in Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable
What is the subjective and objective test in Cameron v R?
Part (a) of the Common test is completely subjective. A “real possibility” is substantively the same as something that “could well happen”.
Part (b) is subjective and objective. It look at whether the defendant’s actions were objectively reasonable given the risk the defendant understood.
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.
‘Wounding with intent to injure’ ..Section, Act, Elements
Section 188(2), Crimes Act 1961
- With intent to injure
- Any person
- Wounds / maims / disfigures / causes GBH
- Any person
‘Wounding with Reckless disregard’ ..Section, Act, Elements
Section 188(2), Crimes Act 1961
- With reckless disregard for the safety of others
- Wounds / maims / disfigures / causes GBH
- To any person
Example of liability (wounds with intent to injure)
Wounding with intent to injure 7 years
S 188 (2) CA 1961
- With intent to injure
- Any person
- Causes GBH / wounds / maims or disfigures
- ## Any personWith intent to injure:
Intent - Intent to commit the act
- Intent to get the result
Taisalika – the nature of the blow and gash produced points strongly to necessary intent
R v Collister = Actions or words, before, during or after, Surrounding circumstances and nature of act infer intent.
Injure
Actual bodily harm
R v McArthur - “Bodily Harm’ mean hurt or injury that interferes with the health or comfort of the victim.
Any person:
Proved by JN CE
——————————————————————–
Wounds, maims, disfigures, or causes GBH:
Wounds
Waters – breakage of skin, flow of blood (BOS FOB). May be internal or external.
Maims
Involves mutilating, crippling, disabling a part of the body/senses or deprive of its use. Must be some form of Permanence
Disfigures
Deform or deface, alter figure or appearance of person.
Rapana and Murray – covers both permanent but also temporary damage.
GBH
Smith – GBH ‘grievous’ – really serious and bodily harm needs no explanation
Any person:
Doctrine of transferred malice
Person suffering injury need not be intended person. Still liable even if accidental victim e.g mistaken identity or force intended for one person effects another.
Proved by JN CE
RTS
Example of liability (Reckless disregard for the safety of others)
Wounding with Reckless disregard. 7 years
S 188 (2) CA 1961
- with reckless disregard for the safety of others
- Wounds / Maims / Disfigures / Causes GBH
- ## To any personWith reckless disregard for the safety of others:
Recklessly
Consciously and deliberately ran a risk, Unreasonable risk to take.
Cameron v R - Recklessness is established if defendant knew actions would bring the result and circumstances existed and understood risk was unreasonable.
R v Tipple – reckless means knowing of the risk and acting anyway.
Wounds, maims, disfigures, or causes GBH:
Wounds
Waters – breakage of skin, flow of blood (BOS FOB). May be internal or external.
Maims
Involves mutilating, crippling, disabling a part of the body/senses or deprive of its use. Must be some form of Permanence
Disfigures
Deform or deface, alter figure or appearance of person.
Rapana and Murray – covers both permanent but also temporary damage.
GBH
Smith – GBH ‘grievous’ – really serious and bodily harm needs no explanation
Any person:
Proved by JN CE
RTS
Tip to figure out ‘serious assault’ offences
TOP TIP: outcome first then intent.
Read the scenario and identify the nature of the injury first. If the outcome is a wounding / GBH then you will be dealing with a section 188 offence. If it is an injury then you will be dealing with a 189 offence.
Then read the scenario again and identify the intent. If the intent is to cause GBH then the offence will be under subsection 1 (regardless of whether 188 / 189), if the intent was to cause injury then it will be subsection 2, if the injury was causes through reckless disregard then again subsection 2.
