Previous Topic

Next Topic

Book Contents

Book Index

7.4.2.4 - Checklist: Intentionally Causing Serious Injury (Pre- 1/7/13)

Click here to obtain a Word version of this document for adaptation.

Four elements the prosecution must prove beyond reasonable doubt:

  1. The complainant suffered a serious injury; and
  2. The accused caused the complainant’s serious injury; and
  3. The accused intended to cause serious injury to the complainant; and
  4. The accused acted without lawful justification or excuse.

 

Serious Injury

1. Did the complainant suffer a serious injury?

Consider – Injury includes unconsciousness, hysteria, pain and any substantial impairment of bodily function; and

Serious injury includes a combination of injuries.

If Yes, then go to 2

If No, then the accused is not guilty of Intentionally Causing Serious Injury

Causation

2. Did the accused cause the complainant’s serious injury?

Consider – Were the accused’s actions a substantial or significant cause of the complainant’s serious injury?

If Yes, then go to 3

If No, then the accused is not guilty of Intentionally Causing Serious Injury

Intention

3. Did the accused intend to cause serious injury to the complainant?

Consider – It is not sufficient for the accused to have only intended to cause injury.

If Yes, then go to 4

If No, then the accused is not guilty of Intentionally Causing Serious Injury

Lawful Justification or Excuse

4. Did the accused act without lawful justification or excuse?

If Yes, then the accused is guilty of Intentionally Causing Serious Injury (as long as you have also answered Yes to questions 1, 2 and 3)

If No, then the accused is not guilty of Intentionally Causing Serious Injury

Last updated: 1 July 2013

 

See Also

7.4.2 - Intentionally Causing Serious Injury

7.4.2.1 - Charge: Intentionally Causing Serious Injury (From 1/7/13)

7.4.2.2 - Checklist: Intentionally Causing Serious Injury (From 1/7/13)

7.4.2.3 - Charge: Intentionally Causing Serious Injury (Pre- 1/7/13)

7.4.2.5 - Charge: Intentionally or Recklessly Causing Serious Injury (From 1/7/13)

7.4.2.6 - Charge: Intentionally or Recklessly Causing Serious Injury (Pre-1/7/13)

7.4.2.7 - Charge: Intentionally or Recklessly Causing Serious Injury or Injury (From 1/7/13)

7.4.2.8 - Charge: Intentionally or Recklessly Causing Serious Injury or Injury (Pre-1/7/13)