Aggravated Injurying

Question 1

Section and penalty

Answer 1

S191(2)(a) or (b) or (c) CA61

7 years imp

Question 2

Ingredients

Answer 2

• (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

Question 3

Intent

Answer 3

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 4

R v Taisalika

Answer 4

The nature of the blow and the gash which it produces on the complainants head would point strongly to the presence of the necessary intent

Question 5

Commit or Facilitate

Answer 5

To make possible or to make easy or easier.

Question 6

Avoid Detection

Answer 6

Offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 7

Avoid Arrest or Facilitate Flight

Answer 7

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 8

R v Tihi

2 fold test for intent

Answer 8

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.

Question 9

R v Wati

Answer 9

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

An Imprisonable Offence

Answer 10

Normal meaning - any offence punishable by a term of imprisonment

Question 11

Injures - Sec 2 Crimes Act 1961

Answer 11

To injure means to cause actual bodily harm.

Question 12

R v Donovan

Answer 12

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 13

Person

Answer 13

Gender neutral. Proven by judicial notice or circumstantial evidence.