Aggravated Wounding Flashcards
Section
Section 191 (1) (a) or (b) or (c), Crimes Act 1961
Penalty
14 years
Ingredients -1 ( intent)
1)
a: With intent to commit or facilitate the commission of any imprisonable offence
or
b: With intent to avoid detection of himself or any other person in the commission of an imprisonable offence
or
c: With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
Ingredients -2 Injures
- Wounds or Maims or disfigures or causes GBH or Stupefies or Renders unconscious or by any violent means renders the person incapable of resistance
- Any Person
R v Sturm (Stupefies )
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
R v Tihi ( reckless intent)
In addition to one of the specific intents outlines in paragraph a, b or c, it must be shown that the offender either meant to cause the specific harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it.
Facilitate the commission
To make possible or to make easier
R v Sturm (Facilitate)
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 191 (1) (b) arise during the commission of an imprisonable, where the offender causes the specified harm to prevent himself or another person from being caught in the act.
Facilitate flight
Section c
- 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 prevent their capture after the commission or attempted commission of an imprisonable offence.
- Breaking of the skin
- Flow of blood
- More often than not external
- May be internal
Wound
R v Waters
Imprisonable offence: Section 5 Criminal Procedures act 2011
In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.
R v Wati
There must be proof 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.
Renders Unconscious
The offenders actions must cause the victim to lose consciousness.
Any violent means
Includes the application of force that physically incapacitates a person.