Aggravated Injuring - S191(2), CA61

Question 1

Section 191(2), Crimes Act 1961

Answer 1

Aggravated Injuring

= 7years imprisonment

Question 2

Intent

Answer 2

In a criminal law context there are two specific types of intention in an offence.

1. Firstly there must be an intention to commit the act
2. Secondly, an intention to get a specific result

Question 3

R v Tihi

Answer 3

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 specific harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it

Question 4

Section 191(2)(a), Crimes Act 1961

Answer 4

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

Question 5

Section 191(2)(b), Crimes Act 1961

Answer 5

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

Question 6

Section 191(2)(c), Crimes Act 1961

Answer 6

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

Question 7

R v Taisalika

Answer 7

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 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

Sub section (a):

Answer 9

Facilitate the commission:

To make possible or to make easy or easier

Question 10

Sub section (b):

Answer 10

Avoid detection:
Offences under section 191(1)(b) arise during the commission of an imprisonable, where the offender causes the specified harm to prevent himself or another person from being caught in the act

Question 11

Sub section (c):

Answer 11

Facilitate flight:
To make possible or to make easy or easier. The specified hamr 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 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

Question 14

R v Donovan

Answer 14

Bodily harm… includes any hurt or injury calculated to interfere with the health or comfor of the victim.. it need not be permanent, but must, no doubt, be more than merely transitoy and trifling

Question 15

Any person

Answer 15

Gender neutral. Proven by judicial notice or by circumstantial evidence

Question 16

Imprisonable offence

Answer 16

Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment