Aggravated Injuring Flashcards
Section and Penalty
Aggravated Injury
S191(2)(a) or (b) or (c) CA61
7 years imprisonment
Ingredients
(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 an 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
Avoid detection
Offender causes the specified harm to prevent himself or another person from being caught in the act.
Avoid Arrest or Facilitate Flight
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.
R v TIHI
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.
R v 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.