R v Brady [2012] NSWDC 222

R v Brady [2012] NSWDC 222

An offence under s 35 of the Crimes Act of recklessly causing grievous bodily harm is not an offence of specific intent for the purposes of Part IIA (Intoxication), as recklessness imports taking an unjustified risk rather than intent to achieve a specific result.

Jurisdiction
Australia
Judgment Date
13 November 2012
Procedural Posture
Criminal / Ruling on Point of Law During Trial
Outcome
Ruling - s 35 offence not of specific intent; direction to jury to this effect
Legal Topics
['intoxication' 'specific Intent' 'recklessness' 'grievous Bodily Harm']
['criminal Law'] ['intoxication' 'specific Intent' 'recklessness' 'grievous Bodily Harm']

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Procedural Posture

Criminal / Ruling on Point of Law During Trial

Legal Issues

  1. 1 ['Whether an offence under s 35 of the Crimes Act (recklessly causing grievous bodily harm) is an offence of specific intent for the purposes of Part IIA (Intoxication)']

Ratio Decidendi

An offence under s 35 of the Crimes Act of recklessly causing grievous bodily harm is not an offence of specific intent for the purposes of Part IIA (Intoxication), as recklessness imports taking an unjustified risk rather than intent to achieve a specific result.

Court Disposition

Ruling - s 35 offence not of specific intent; direction to jury to this effect

Orders

  • []