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7.4.5.4 - Checklist: Recklessly 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 knew that his/her acts would probably 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 Recklessly 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 Recklessly Causing Serious Injury

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

Lawful Justification or Excuse

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

If Yes, then the accused is guilty of Recklessly 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 Recklessly Causing Serious Injury

 

Last updated: 1 July 2013

See Also

7.4.5 - Recklessly Causing Serious Injury

7.4.5.1 - Charge: Recklessly Causing Serious Injury (From 1/7/13)

7.4.5.2 - Checklist: Recklessly Causing Serious Injury (From 1/7/13)

7.4.5.3 - Charge: Recklessly Causing Serious Injury (Pre-1/7/13)