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1. Physical Elements: The physical element of this offense involves causing injury to another person.
2. Fault Elements: The fault element is causing the injury without lawful excuse.
3. Interpretation: The term "injury" may need further interpretation, which is typically defined in the statute or interpreted through case law. It generally refers to harm or damage inflicted upon a person's body, but specifics may vary.
4. Defences: Defences to this offense may include self-defence or acting to prevent a greater harm.
Section 22 - Recklessly Engaging in Conduct Placing Another in Danger of Death
1. Physical Elements: The physical element involves engaging in conduct that places or may place another person in danger of death.
2. Fault Elements: The fault element is recklessness, and the conduct must be without lawful excuse.
3. Interpretation: The terms "recklessly" and "danger of death" may require interpretation. "Recklessly" generally means consciously disregarding a substantial risk, and "danger of death" refers to a situation where death is a probable consequence.
4. Defences: Defences may include lack of recklessness or lawful excuse.
Section 23 - Recklessly Engaging in Conduct Placing Another in Danger of Serious Injury
1. Physical Elements: Similar to Section 22, the physical element involves engaging in conduct that places or may place another person in danger of serious injury.
2. Fault Elements: Recklessness and lack of lawful excuse.
3. Interpretation: The term "serious injury" may need interpretation, which could be defined in the statute or through case law. It typically refers to significant harm or injury that is more severe than minor injuries.
4. Defences: Similar to Section 22, defences may include lack of recklessness or lawful excuse.
Section 24 - Negligently Causing Serious Injury
1. Physical Elements: The physical element involves doing or omitting to do an act that causes serious injury to another person.
2. Fault Elements: The fault element is negligence.
3. Interpretation: The term "negligently" may require interpretation, often meaning a failure to exercise reasonable care in a situation where harm is foreseeable. "Serious injury" may also need interpretation.
4. Defences: Defences may include absence of negligence or lawful excuse.
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