Aggravated wounding 191(1)(a) - renders incapable Flashcards
Aggravated wounding Section
Intent to commit rape
191(1)(a)Crimes act 1961 14 years
Ingredients
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
Intent to commit
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
By any violent means renders the person incapable of resistance.
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
Person
Gender neutral - Proven circumstantially or by judicial notice