Aggravated Wounding

Question 1

What are the elements of aggravated wounding section 191(1) crimes act 1961

Answer 1

-With intent to
A - commit or facilitated the commission of any imprisonable offence.
B - avoid detection of himself or of any other person in the commission of any imprisonable offence
C- avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
-wounds or maims or disfigures or causes GBH to any person
-or stupefies or renders unconscious any person
-or by any violence means renders any person incapable of resistance.

Question 2

What are the elements of aggravated injuring section 191(2) crimes act 1961

Answer 2

-With intent to
A- commit or facilitate the commission of any Imprisonable offence.
B- avoid the detection of himself or any other person in the commission of any imprisonable offence.
C- avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
-injures any person.

Question 3

R v Tihi

Answer 3

• The 2 intents:
  In addition to the intents outlined in paragraphs a,b & c it must be shown that the offender either meant to cause the specified harm or was reckless as to expose other to the risk of suffering it

Question 4

R v Wati

Answer 4

What he done?:
In paragraph C the crown must prove the commission or attempted commission of the crime in order to be convicted of the aggravated factor.

Question 5

Stupefies

Answer 5

To cause an effect on the mind or nervous system of a person which seriously interferes with their mental or physical ability to act.

Question 6

What are the elements of aggravated assault section 192(1) crimes act 1961

Answer 6

-With intent to
A- commit or facilitate the commission of any imprisonable offence
B- avoid detection of himself or any other person in the commission of any imprisonable offence.
C- avoid arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
-assaulted any other person

Question 7

Assault

Answer 7

Intentionally applying or attempting to apply force to another whether directly or indirectly or threatening to apply such force in circumstances where the victim believes the offender has the ability to effect their purpose.

Question 8

R v Crossan

Answer 8

Renders incapable of resistance include holding a gun to someone’s head and making threats that cause the victim to be too afraid to act and render them just as incapable of resistance as if they were physically incapable (a powerlessness of the will)