Aggravated Wounding

Question 1

Two-fold test for intent

Answer 1

1. the defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras a b c), AND
2. he or she intended to cause the specified harm, or was reckless to that risk

Question 2

R v Tihi

Answer 2

In addition to one of the specific intents outlined in 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 the risk of suffering it”

Question 3

To “facilitate”

Answer 3

make possible, or make easy or easier

Under s191(10(a) the offender either intentionally or recklessly causes the specified harm in order to make it easier

Question 4

What must the prosecution prove for 191(1)(c)?

Answer 4

an imprisonable offence has been committed or attempted.

the specified harm is caused to enable the offender(s) to easily escape, or prevent their capture.

Question 5

R v Wati

Answer 5

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 6

Stupefy definition

Answer 6

‘to cause an effect on the mind or nervous system of a person, which seriously interferes with that persons mental of physical ability to act in any way which might hinder an intended crime

Question 7

Violent means definition

Answer 7

the application of force that physically incapacitates a person

not limited to physical violence and includes threats of violence

Question 8

Aggravated wounding liability

Answer 8

s191(1) CA 1961

• with intent to:
  (A) commit or facilitate the commission of any imprisonable offence, OR
  (B) avoid the detection of himself or any other person in the commission of an imprisonable offence, OR
  (C) avoid the arrest or facilitate the flight of himself or any other person upon the comission of an imprisonable offence
• wounds or mains or disfigures or causes GBH or stupefies or renders unconcious or by any other violent means renders incapable of resistance
• any person