Aggravated Wounding Flashcards
Aggravated Wounding
Section 191 (1) (a) (b) (c), Crimes Act 1961
Penalty
14 years
Elements
- With intent to commit or facilitate the commission of any imprisonable offence (a).
OR
With intent to avoid detection of himself or any other person in the commission of an imprisonable offence (b).
OR
With intent to avoid arrest or facilitate flight of himself or any other person upon the commission of any imprisonable offence (c).
- Wounds any person OR maims any person OR disfigures any person OR causes GBH to any person OR stupefies any person OR renders unconscious any person OR by any violent means renders any person incapable of resistance
Intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
R v Taisalika
The nature of the blow and the gash which is produced on the complainant’s head would point strongly to the presence of the necessary intent.
R v Tihi
In addition to one of the specific intents outlined in paragraphs (a) (b) (c) it must be shown the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it.
Facilitate the commission
To make possible or to make easy or easier
R v Sturm
Under section 191 (1) (a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
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”
Facilitate flight
To make possible or to make easy or easier. The specified harm is caused to enable the offender (s) to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence.
Imprisonable offence
In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
Section 5 Criminal Procedure Act 2011
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.
Wound - R v Waters
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and in its occurrence at the site of a blow or impact the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.
Maims
Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. 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 & Murray
The word disfigure covers not only permanent damage but also temporary damage.
GBH
Grievous bodily harm - simply “harm that is really serious”
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
Stupefies - R v Sturm
To stupefy means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.
Renders unconscious
To render a person unconscious, the offender’s actions must cause the victim to lose consciousness.
Any violent means
Includes the application of force that physically incapacitates a person.
R v Crossan
Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away, the second of detaining them”
Person
Gender Neutral. Proven by judicial note or circumstantially.
