Injuring with Intent S189(2) CA61

Question 1

What are the elements to Injuring with intent S189(2) CA61

Answer 1

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

Question 2

Define Intent

Answer 2

There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE

Question 3

R v Collister

Answer 3

Circumstantial evidence of the offender’s intent may be inferred by:
- The offender’s actions and words before, during and after the event
- Surrounding circumstances
- The nature of the act itself

Question 4

R v Taisalika

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

Define Recklessly

Answer 5

Recklessly involves consciously and deliberately taking an unjustifiable risk

Question 6

Define Reckless Disregard

Answer 6

While it is necessary to prove the defendant foresaw the risk, it it not necessary that he/she recognised the extent of the injury that would result.

Question 7

What must be proved regarding recklessness

Answer 7

Subjective test: The defendant was aware of the risk and proceeded regardless

Objective test: It was unreasonable for him/her to run that risk

Question 8

Cameron v R

Answer 8

Recklessness is established if:
(a) The defendant recognised that there was a real possibility that
(i) His/her actions would bring about a proscribed result and/or
(ii) The prescribed circumstances existed and
(b) Having regard to that risk, those actions were unreasonable

Question 9

Define Injure S2 CA61

Answer 9

To injure means to cause actual bodily harm

Question 10

Define Actual Bodily Harm

Answer 10

Actual Bodily harm may be internal or external, and it need not be permanent or dangerous.

Note: In R v Chan-fook, actual bodily harm includes psychiatric injury, if medical evidence confirms and identifiable clinical condition.

Question 11

R v Donovan

Answer 11

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 12

Define Person S2 CA61

Answer 12

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant

Question 13

Define Doctrine of Transferred Malice

Answer 13

It is not necessary the person suffering the harm was the intended victim. Where the defendant mistakes the identity or where the harm intended for one victim was inflicted on another. R v Hunt the servant was stabbed instead of the intended victim being the property owner