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

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Four elements the prosecution must prove beyond reasonable doubt:

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

 

Injury

1. Did the complainant suffer an injury?

Consider – Injury means physical injury or harm to mental health, whether temporary or permanent

Consider – Physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function

Consider – Harm to mental health includes psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless it results in psychological harm

If Yes, then go to 2

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

Causation

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

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

If Yes, then go to 3

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

Intention

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

If Yes, then go to 4

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

 

Last updated: 1 July 2013

 

See Also

7.4.3 - Intentionally Causing Injury

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

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

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