Aggravated wounding Flashcards
What is the act, section and penalty for agg wounding?
S191(1) (a) or (b) or (c) CA61
14 yrs
What are the 2 elements
1:
a- With intent to commit or facilitate the commission of any imprisonable offence
b- with intent to avoid detection in the commission of an imprisonable offence
c- With intent to avoid arrest or facilitate flight upon the commission of any imprisonable offence
2: Wounds or mains or disfigure or causes GBH or Stupefies any person or Renders unconscious any person or By violent means renders any person incapable of resistance
Explain intent plus the 2 case law for this offence
Intent
- There are 2 specific types of intention in an offence. First there must be an intent to commit an act. Second an intent to get a specific result
R v Taisalika
- The nature of the blow an the gash which it produced on the victims head would point strongly to the presence of the necessary intent
R v Tihi
-it must be shown the offender meant to cause the specific harm or foresaw the actions undertaken were likely to expose others to risk.
Explain
a- With intent to commit or facilitate the commission of any imprisonable offence
a- Facilitate the commission
To make possible or to make easy or easier
R v Sturm
-It is not necessary for the prosecution to prove the intended crime was committed
Explain
b- with intent to avoid detection of himself or any other person in the commission of an imprisonable offence
Avoid detection
- During the commission of an imprisonable offence specfied harm is caused to prevent being caught in the act
Explain
c- With intent to avoid arrest or facilitate flight of himself or any other person upon the commission of any imprisonable offence
Facilitate flight
- To make possible or easier. The specific harm is caused to enable the offender to more easily effect their escape or prevent their capture.
Explain what an imprisonable offence is?
S5 - CPA 11
- Imprisonable offence means an offence punishable by a term of imprisonment or life imprison.
R v Wati
- There must be proof of the commission or attempted commission of a crime. By the person committing the assault or by the person who’s arrest or flight he intends to avoid or facilitate
Explain wounds, maims, disfigures and GBH
Wound - R v Waters
- A breaking of the skin will be normally evidenced by the flow of blood and at the site of a blow or impact. the would will more often than not be external. But there are cases where the bleeding which evidence the separation of tissues may be internal
Maims
- Means mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the sense. Needs to be some degree of permanence.
Disfigures
- To disfigure means to deform or deface to mar or alter the figure or appearance of a person
R v Rapana and Murray
The word disfigures covers not only permanent damage but also temporary damage
GBH
- GBH can be defined simply as harm that is really serious
DDP v Smith
- Bodily harm needs no explanation and grevious means no more or no less than really serious
Explain Stupefies
Stupefies - R v Sturm
- Means to cause an effect on the mind or nervous system which interferes with that persons mental or physical ability to act in a manner that might hinder an intended crime.
Explain Renders unconscious?
Renders unconscious
- To render a person unconscious the offenders actions must cause the victim to lose consciousness
Explain any violent means plus the case law
Violent means
- Includes the application of force that physically incapacitates a person
R v Crossan
- Incapable of resistance includes a powerlessness of the will as well as the physical incapacity