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Flashcards in Injuring with intent to injure Deck (6)
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1
Q

What is the act, section and penalty for injuring with intent to injure?

A

S189(2) CA61

5 yrs

2
Q

What the 3 elements

A
1- With intent to injure any one 
or 
with reckless disregard for the safety of others
2 - Injures
3 - Any person
3
Q

What 4 points need to be covered for intent to injure

A

Intent
- There are 2 specific types of intention in an offence. First there must be an intent to commit an act. Second an intent to get a specific result

R v Taisalika
- The nature of the blow an the gash which it produced on the victims head would point strongly to the presence of the necessary intent

Injure- S2 CA61
- 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.

4
Q

Explain reckless?

A

Reckless - R v Harney
Reckless involves consciously and deliberately taking an unjustified risk together with an intent to continue the act regardless of the risk

5
Q

Explain injure?

A

Injure- S2 CA61
- 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.

6
Q

Person

A

Gender neutral proven by judicial notice or circumstantial evidence.

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