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Click here to obtain a Word version of this document for adaptation.
Four elements the prosecution must prove beyond reasonable doubt:
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 Recklessly 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 Recklessly Causing Injury
Intention
3. Was the accused aware that his/her conduct would probably injure the complainant?
If Yes, then go to 4
If No, then the accused is not guilty of Recklessly Causing Injury
Lawful Justification or Excuse
4. Did the accused act without lawful justification or excuse?
If Yes, then the accused is guilty of Recklessly 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 Recklessly Causing Injury
Last updated: 1 July 2013