Aggravated Wounding Flashcards
Name Act, Section punishment for Aggravated Wounding
Crimes Act 1961 Section 191 (a) (b) or (c) 14 years
Aggravated Wounding ingredients
With intent to
A - To commit or facilitate the commission of any imprisonable offence OR
B - To avoid the detection of himself or of any other person in the commission of any imprisonable offence OR
C - To avoid the arrest or facilitate the flight of himself or any other person upon the commission of attempted commission of any imprisonable offence
Wounds/Maims/Disfigures/ Causes GBH or renders unconscious or stupefies or by any violent means renders any person incapable of resistance.
To aggravate something is to make it worse or more serious. In the context of section 191 the offending is aggravated by …
The fact that the offender caused harm to the victim in the process of committing some other imprisonable offence.
Name Act, Section and Punishment for Aggravated Injury
Crimes Act 1961 Section 191(2) 7 years
Ingredients for Aggravated Injury
With intent to
A - To commit or facilitate the commission of any imprisonable offence OR
B - To avoid the detection of himself or of any other person in the commission of any imprisonable offence OR
C - To avoid the arrest or facilitate the flight of himself or any other person upon the commission of attempted commission of any imprisonable offence
Injures any person
Both subsections (1) and (2) require proof of one of the specified intents
- Intent to commit or facilitate the commission of any imprisonable offence
- Intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence.
- Intent to avoid arrest or facilitate the flight of himself or of any other persons upon the commission or attempted commission of any imprisonable offence.
The distinction between the two is what? And what would be the appropriate charge should the victim suffer no actual bodily harm?
The distinction is the outcome wounding/maiming etc whereas subsection 2 is an injury.
Where the offender assaults a person with one of the specified intents but the victim suffers no actual bodily harm the appropriate charge would be aggravated assault under section 192.
The prosecution must satisfy a two fold test for intent what is it? What is the relevant case law?
- The defendant intended to facilitate the commission of an imprisonable offence as per A,B and C and
- He or she intended to cause the specified harm or was reckless as to that risk
Case law that relates is Rv Tihi
R v Tihi
In addition to one of the specified intents outlined in paragraphs a b and 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 the risk of suffering it,
Facilitate means?
To make possible to to make easier.
Section 191(1)(b) avoid detection, arise when?
During the commission of an imprisonable offence where the offender causes the specified harm to prevent himself or another person from being “caught in the act”
Example - A look out knock a security guard unconscious to prevent him from walking in on a burglary in progress
Section 191(1)(c) Arise when? And the prosecution must prove what?
After an imprisonable offence has been committed or attempted. The specified harm is caused to enable the offender/s to more easily make their escape or to prevent their capture.
The prosecution must prove that an imprisonable offender was actually committed or attempted before a person can be convicted of aggravated wounding while escaping after it.
R v Wati
There must be proof of the commission or attempted commission of a crime wither by the person committing the assault or by the person whose arrest or flight he intends to avoid of facilitate.
Stupefy meaning?
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
Render Unconscious meaning?
To render a person unconscious the offenders actions must cause the victim to lose consciousness. This section does not limit how this may be achieved. It can include knocking a person unconscious with a blow to the head, strangling them or administering a noxious substance
Violent means meaning?
The application of force that physically incapacitates a person is not limited to physical violence and can include threats of violence depending on the circumstances.
