Aggravated Injuring Flashcards
Act and section
Sec 191 (2) Crimes Act 1961
Penalty
7 Years Imprisonment
Ingredients
1) With Intent:
a) to commit or facilitate the commission of any imprisonable offence.
b) to avoid detection of himself or any other person in the commission of any imprisonable offence.
c) 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.
Intent
Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
Case law:
R v Mohan
A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.
Case law:
R v Waaka
A fleeting or passing thought is not sufficient. There must be a firm intent or firm purpose to effect an act.
Case law:
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.
Commit
Or
Facilitate
To do, perform or perpetrate.
Or
To make possible or to make easy or easier.
Avoid detection
Offender causes the specified harm to prevent himself or another person from being caught in the act.
Avoid arrest
OR
Facilitate flight
Acts done by offenders to avoid their own or others arrest.
Or
help escape after the commission of a crime or attempted crime.
An imprisonable offence
Normal meaning - any offence punishable by a term of imprisonment
Case law:
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.
Case law:
R v Sturm
Under section 191 (1)(a), it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
Injures - Sec 2 Crimes Act 1961
To injure means to cause actual bodily harm.
Case law:
R v Donnovan
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.
