AGGRAVATED WOUNDING

Question 1

Section, Act, Penalty

Elements

Answer 1

191(1)(a) or (b) or (c) CA 1961 - 14yrs

With intent
A) to commit or facilitate the commission of any imprisonmenet offence or
B) To avoid the detention of himself or of any other person in the commission of any imprisonment offence or
C) To avoid arrest or facilitate the flight of himself or of any other person upon commission or attempted commission of any imprisonable offence

Wounds, maims, disfigures, or causes GBH to any person or stupefies or renders unconscious any person or by any violent means renders any person incapable of resistance

Question 2

Intent

Answer 2

In a criminal law context, there are two specific types of intention in an offence. Intent to commit and intention to get a specific result.
Result is an aim, object or purpose.

The onus is generally on the prosecution in terms of proving the offenders intent beyond reasonable doubt.

While an offenders admissible are good evidence, it is good practice to support these with circumstantial evidence.

Circumstantial evidence to which the offenders intent can be inferred can include:

• the offenders actions and words, before, during and after the event.
• surrounding circumstances
• the nature of the act itself.

Question 3

Intent - Case Law

Answer 3

Taisalika
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

To make possible or to make easy or easier

Question 5

b) Avoid Detention

Answer 5

Causes specified harm to prevent himself or another from being caught in the act

Question 6

C) Avoid Arrest or Facilitate Flight

Answer 6

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

Two Fold Test - Case Law

Answer 7

Tihi
In addition to one of the specific intents outlined in paragraph A,B or C it must be shown that the offender either want 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 8

Proof of crime - Case Law

Answer 8

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

Normal meaning - any offence punishable by life imprisonment or a term of imprisonment.

Question 10

Wound - Case Law

Answer 10

Waters

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

Question 11

Maims

Answer 11

Mutilating, tripping or disabling a part of the body so as to deprive the Vicim of a limb or of one of the senses.

Must be some degree of permanency

Question 12

Disfigures

Answer 12

To disfigure means to deform or deface, mar or alter the figure or appearance of a person.

Question 13

Disfigure - Case Law

Answer 13

Rapana and Murray

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

Question 14

GBH

Answer 14

Harm that is really serious
As long as it is serious, it does need not involve life threatening or permanent injury.

May include psychiatric injury and it is not limited to immediate harm ie HIV

Question 15

GBH - Case Law

Answer 15

DPP v Smith

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

Question 16

Stupefies

Answer 16

To cause an effect on the end or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in anyway which might hinder the intended crime

Question 17

Render Unconscious

Answer 17

Render means to cause to be or cause to became

To render a person unconscious the offenders actions must cause the Victim to lose consciousness

Question 18

By an violent means renders capable of resistance

Answer 18

Not limited to physical violence and may include threats of violence, depending on the circumstances.
Cause the Victim to submit to his will in the belief that he will carry out his threat unless she does so

Includes the application of force that physically incapacitates a person.

Question 19

Any Person

Answer 19

Gender neutral.

A person is generally accepted by judicial notice and proved by circumstantial evidence