Aggravated wounding 191(1)(a) - renders incapable Flashcards

1
Q

Aggravated wounding Section

Intent to commit rape

A

191(1)(a)Crimes act 1961 14 years

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2
Q

Ingredients

A

1/(a- before) With intent to commit or facilitate the commission of any imprisonable offence

By any violent means renders the person incapable of resistance.

Any person

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3
Q

Intent to commit

A

Intent to commit
Mean to do it - desire a specific result and act with the aim or purpose of achieving it.

R V Mohan
R V Waaka
R V Taisalika
R V Tihi

Subsection(a) Facilitate the commission
To make possible or to make easy or easier

Under section 191(1)(a) “ It is not necessary for the prosecution to prove the intended crime was subsequently committed
R V Strum

Imprisonable offence Section Five CPA2011
an offence punishable by imprisonment for life or by a term of imprisonment

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 flight he intends to avoid or facilitate

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4
Q

By any violent means renders the person incapable of resistance.

A

Any violent means

Includes the application of force that physically incapacitates a person

Incapable of resistance

includes a powerlessness of the will as well as physical incapacity

R V Crossan

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5
Q

Person

A

Gender neutral - Proven circumstantially or by judicial notice

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