Aggravated Injuring

Question 1

Aggravated Injuring

Answer 1

Section 191 (2) Crimes Act 1961

Question 2

Penalty

Answer 2

7 years

Question 3

Elements

Answer 3

1. With intent to commit or facilitate the commission of any imprisonable offence

OR

With intent to avoid detection of himself or of any other person in the commission of a imprisonable offece

OR

With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.

2. Injures
3. Any person

Question 4

Intent

Answer 4

In a criminal law context 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 5

R v Tihi

Answer 5

In addition to one of the specific intents outlined in paragraphs (a) (b) (c) it must be shown 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 6

R v Taisalika

Answer 6

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

Question 7

Facilitate the commission

Answer 7

To make possible or to make easy or easier.

Question 8

R v Sturm

Answer 8

Under section 191 (1) (a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

Question 9

Avoid detection

Answer 9

Under section 191 (1) (b) arise during the commission of an imprisonable offence where the offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 10

Facilitate flight

Answer 10

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 11

Imprisonable offence

Answer 11

In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
Section 5 Criminal Procedure Act 2011

Question 12

R v Wati

Answer 12

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 13

Injure

Answer 13

Means to cause actual bodily harm

Section 2, Crimes Act 1961

Question 14

R v Donovan

Answer 14

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 and trifling.

Question 15

Person

Answer 15

Gender Neutral. Proven by judicial note or circumstantially.