Aggravated wounding Flashcards
Aggravated wounding - Act and Section
Crimes Act 1961 191 (1)
Aggravated wounding - Elements
With intent
(a) To commit or facilitate the commission of any imprisonable offence
or
(b) To avoid detection of himself or of any other person in the commission of any imprisonable offence
or
(c) To facilitate flight or avoid arrest of himself or any other person upon commission or attempted commission of any imprisonable offence
Wounds Mains Disfigures Causes GBH Stupifies Renders unconscious By any violent means renders any person incapable of resistance.
Any person
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 he intends to avoid or facilitate.
R v Tihi
In addition to one of the specific intents outline in paragraphs (a) - (c) it must be shown that the offender 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.
Stupifies
Means to induce a state of stupor, to make stupid, groggy or insensible, to dull the senses or faculties.
Facilitate
Means to make possible or to make easy/easier.
R v Sturm
To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.
Renders unconscious any person
The render means to cause to be or cause to become. The offender’s actions must cause the victim to lose consciousness.
R v Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.