Aggravated Wounding

Question 1

Aggravated Wounding
Section, Penalty, Ingredients

Answer 1

Aggravated Wounding
Section 191(1)(a) or (b) or (c) CA61
14 Years imprisonment

(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 any 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.

Wounds any person
or
Maims any person
or
Disfigures any person
or
Causes GBH to any person
or
Stupefies any person
or
Renders unconscious any person
or
By any violent means, renders any person incapable of resistance.

Question 2

Intent

Answer 2

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 3

R v Taisalika

Answer 3

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 4

a) Commit or Facilitate

Answer 4

a) Commit or Facilitate
To make possible or to make easy or easier.

Question 5

b) Avoid Detection

Offender causes the…

Answer 5

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

Question 6

c) Avoid arrest Or Facilitate Flight

Answer 6

c) 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.

Question 7

R v Tihi

In addition to…

Answer 7

R v Tihi

In addition to the specific intents outlined in paragraphs (a)(b)(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 8

R v Wati

There must be proof

Answer 8

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.

Question 9

An Imprisonable Offence

Answer 9

Section 5 Criminal Procedures Act 2011
Normal meaning - any offence punishable by life imprisonment or a term of imprisonment.

Question 10

R v Waters

Wound

Answer 10

A breaking in the skin with a flow of blood, more often than not will be external, may be internal.

Question 11

Maims

Answer 11

Will involve mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses. There need to be some degree of permanence.

Question 12

Disfigures

Answer 12

To deform or deface, mar or alter the figure or appearance of a person

Question 13

R v Rapana and Murray

The word disfigure

Answer 13

The word disfigure covers not only permanent damage but also temporary damage.

Question 14

Grievous Bodily Harm

Answer 14

GBH can be defined as harm that is really serious.

Question 15

DPP v Smith

Answer 15

Bodily harm needs no explanation and Grievous means no more and no less than really serious.

Question 16

R v Sturm

Stupifies

To cause an effect…

Answer 16

R v Sturm
To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in a way which might hinder an intended crime.

Question 17

Render Unconscious

Answer 17

Render Unconscious
To cause to be rendered unconscious.
Must cause the victim to lose consciousness.

Question 18

By any violent means renders incapable of resistance

Includes the

Answer 18

By any violent means renders incapable of resistance

Includes the application of force that physically incapacitates a person.

Question 19

Any Person

Answer 19

Gender neutral. Proven by judicial notice or circumstantial evidence.