Flashcards in Injuring With Intent To Injure Deck (12):
Sec 189 (2)Crimes Act 1961
1) With intent to injure any one
With reckless disregard for the safety of others
3) Any person
Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
R v Mohan
A decision to bring about. In so far as it lies within the accused's power, the commission of the offence.
R v Taisalika
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.
Injure - Sec 2 Crimes Act 1961
Means to cause actual bodily harm.
R v Donnovan
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.
With Reckless Disregard for the safety of others.
Acting recklessly involves consciously and deliberately taking an unjustifiable risk.
R v Harney
Recklessness involves foresight of the dangerous consequences that could happen, together with an intention to continue the course of conduct regardless of the risk.
What the harm was and the fact that it fits with the definition.