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7.4.1.2 - Checklist: Intentionally Causing Serious Injury in Circumstances of Gross Violence

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Five 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 caused the complainant’s serious injury in circumstances of gross violence; and

5. The accused acted without lawful justification or excuse.

Serious Injury

1. Did the complainant suffer a serious injury?

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

Consider – Serious injury means

(a) an injury (including the cumulative effect of several injuries) that:

(i) endangers life or

       (ii) is substantial and protracted.

(b) the destruction of the foetus of a pregnant woman, other than in the course of a medical procedure, whether or not the woman suffers any other harm

If Yes, then go to 2

If No, then the accused is not guilty of intentionally causing serious injury in circumstances of gross violence

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 in circumstances of gross violence

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 in circumstances of gross violence

Intention

4. Did the accused cause the serious injury in circumstances of gross violence?

Consider – Circumstances of gross violence include [identify relevant circumstances]

If Yes, then go to 5

If No, then the accused is not guilty of Intentionally Causing Serious Injury in Circumstances of Gross Violence

Lawful Justification or Excuse

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

If Yes, then the accused is guilty of intentionally causing serious injury in circumstances of gross violence

(as long as you have also answered Yes to questions 1, 2, 3 and 4)

If No, then the accused is not guilty of intentionally causing serious injury in circumstances of gross violence

Last updated: 30 May 2014

See Also

7.4.1 - Intentionally Causing Serious Injury in circumstances of gross violence

7.4.1.1 - Charge: Intentionally Causing Serious Injury in Circumstances of Gross Violence