Aggravated wounding 191(1)(b) Flashcards
Section
191(1)(b) CA61
Ingredients
1/With intent to avoid detection of himself or any other person in the commission of any imprisonable offence
2/renders unconscious
3/Any person
1/With intent to avoid detection of himself or any other person in the commission of any imprisonable offence
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 (b)avoid detection
Offences under section 191(1)(b) arise 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.
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
2/renders unconscious
Renders unconscious
To render a person unconscious the offenders actions must cause the victim to lose consciousness
3/Any person
Person
Gender neutral - proven circumstantially or by judicial notice