Aggravated Injuring

Question 1

Aggravated Injury

Section, penalty and ingredients

Answer 1

Aggravated Injury

Section 191(2)(a) or (b) or (c) CA61
7 Years imprisonment

(a)With Intent to commit or facilitate the commission of any imprisonable offence.
or
(b)With intent to avoid detection of himself or any other person in the commission of any imprisonable offence.
or
(c)With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.

Injures

Any Persons

Question 2

Intent

Answer 2

There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 3

R v Taisalika

Answer 3

The nature of the blow and the gash which it produces on the complainants head would point strongly to the presence of the necessary intent

Question 4

Commit or Facilitate

Answer 4

To make possible or to make easy or easier.

Question 5

Avoid Detection

Answer 5

Offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 6

Avoid Arrest or Facilitate Flight

Answer 6

To make possible or to make easy or easier.The specified harm is caused to enable the offender(s) to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence.

Question 7

R v Tihi

Answer 7

In addition to paragraphs (a), (b) or (c), it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it.

Question 8

R v Wati

Answer 8

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

Question 9

An Imprisonable Offence

Answer 9

Normal meaning - any offence punishable by a term of imprisonment

Question 10

Injures - Sec 2 Crimes Act 1961

Answer 10

To injure means to cause actual bodily harm.

Question 11

R v Donovan

Answer 11

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent, but must, no doubt be more than merely transitory or trifling.

Question 12

Person

Answer 12

Gender neutral. Proven by judicial notice or circumstantial evidence.