DEFINITIONS:
- Harm: Is bodily hurt, disease or disorder, temporary or permanent -Section 1 of Act 29
- Unlawful Harm: Harm caused intentionally or negligently without justification under chapter 1 of part 2 (Justifiable force and harm) – Section 76 of Act 29
- Intention under Section 11 applies.
- Negligence – both Section 12 and Section 51 apply.
- Offensive weapon: Section 206(3) of Act 29/ section 10 of Public Order Act – made or adapted to cause injury
- Threat of Harm: Expressions of intent to inflict pain or injurY
- Threat of Death: Expression of intent to cause the death of the person
Section 69-Causing harm
2nd degree felony
0-10 years
Elements:
The accused caused harm
With an intention to cause harm
With no justification in law
Cases:
- Brobbey v R: Causing harm must not only be intentional, it must be unlawful – police officers causing harm in the furtherance of an arrest
was perfectly lawful. - Nimolgu & Ors v R: charge of causing harm was sustainable despite the fact that a charge of use of offensive weapons could also have been laid
