Aggravated Wounding

Question 1

Aggravated Wounding

S191 (a) (b) or (c) Crimes Act1961

Answer 1

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

Avoid the detection of himself or of any other person in the commission of an imprisonable offence OR

Avoid the arrest of facilitate the flight of himself or any other person in the commission of an Imprisonable offence.

Wounds/ maims/ disfigures/ causes GBH/ OR

Renders unconscious OR

Stupefied OR

By violent means

Question 2

With intent

Answer 2

Intent to commit
Intent to get the result

Taisalika - the nature of the blow and gash it produced points strongly to the necessary intent.

R v Collister- Actions or words, before, during or after, surrounding circumstances and nature of act infer intent.

A) Make possible or earlier
Sturm (1) - not necessary to prove the intended crime was committed.

B) avoid detecting
Causes harm to avoid being caught.

C) facilitate flight
Cause harm to make it easier for the offenders to escape or prevent capture.

Wati - there must be proof of the commission or the attempt by:

Person committing assault
Person or arrest or flight he intends to facilitate.

Tihi- 2 fold test for prosecution- defendants intent:

Intent to facilitate the COAIO
Intent to cause the specified harm, or reckless.

Question 3

Wounds/ Maims/ Disfigures/ causes GBH/ Renders unconscious/ stupifies/ by violent means

Answer 3

Wounds
Waters - breakage of skin, flow of blood, internal or external.

Maims
Involves mutilating, crippling, disabling, a part of the body/ senses or deprive of its use. Must be some form of Permanence.

Disfigures
Deform or deface, alter figure or appearance of person.

Rapana and Murray
Covers both permanent but also temporary damage.

GBH
Smith - GBH ‘grievous’ - really serious and bodily harm needs no explanation.

Stupefies 
Sturm (2) - to cause an effect on the mind or nervous system of a person, interferes with the persons mental or physical ability to act (fight back or stop the offence)

Renders unconscious
Cause someone to lose consciousness

By any violent means
Renders any person incapable of resisting.

“Violent means” is not limited to physical violence and may include threats of violence, depending on the circumstances.

Crossan - incapable of resistance = powerless of the will as well as a physical inability.