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7.4.4.2 - Checklist: Recklessly 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 was aware that his or her acts would probable 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 an injury (including the cumulative effect of several injuries) that:

(i) endangers life or

(ii) is substantial and protracted.

If Yes, then go to 2

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

State of Mind

3. Was the accused aware that his/her conduct would probably cause serious injury to the complainant?

Consider – What did the accused think the likely consequences of his/her actions would be?

If Yes, then go to 4

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

Circumstances of Gross Violence

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 recklessly 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 recklessly 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 recklessly causing serious injury in circumstances of gross violence

Last updated: 30 May 2014

 

See Also

7.4.4 - Recklessly Causing Serious Injury in circumstances of gross violence

7.4.4.1 - Charge: Recklessly Causing Serious Injury in Circumstances of Gross Violence