AGGRAVATED INJURING

Question 1

Section, Act, Penalty

Elements

Answer 1

191(2)(a) or (b) or (c) - 7yrs

With intent
A) to commit or facilitate the commission of any imprisonmenet offence or
B) To avoid the detention of himself or of any other person in the commission of any imprisonment offence or
C) To avoid arrest or facilitate the flight of himself or of any other person upon commission or attempted commission of any imprisonable offence

Injures
Any persons

Question 2

Intent

Answer 2

In a criminal law context, there are two specific types of intention in an offence. Intent to commit and intention to get a specific result.
Result is an aim, object or purpose.

The onus is generally on the prosecution in terms of proving the offenders intent beyond reasonable doubt.

While an offenders admissible are good evidence, it is good practice to support these with circumstantial evidence.

Circumstantial evidence to which the offenders intent can be inferred can include:

• the offenders actions and words, before, during and after the event.
• surrounding circumstances
• the nature of the act itself.

Question 3

Intent - Case Law

Answer 3

Taisalika
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent

Question 4

A) Commit or Facilitate…

Answer 4

To make possible or to make easy or easier

Question 5

b) Avoid Detention

Answer 5

Causes specified harm to prevent himself or another from being caught in the act

Question 6

C) 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

Two Fold Test - Case Law

Answer 7

Tihi
In addition to one of the specific intents outlined in paragraph A,B or C it must be shown that the offender either want to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

Question 8

Two Fold Test - Case Law

Answer 8

Tihi
In addition to one of the specific intents outlined in paragraph A,B or C it must be shown that the offender either want to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.

Question 9

Proof of crime - Case Law

Answer 9

Wati
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 10

Proof of crime - Case Law

Answer 10

Wati
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 11

An Imprisonable Offence

Answer 11

Normal meaning - any offence punishable by life imprisonment or a term of imprisonment.

Question 12

Injures

Answer 12

Means to cause actual bodily harm.

May be internal or internal and it does not need to be permanent or dangerous

Question 13

Injure - Case Law

Answer 13

Donovan
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 14

Person

Answer 14

Gender neutral. Proven by judicial notice or circumstantial evidence.