Aggravated Wounding Flashcards
Section and penalty
191(1)(a) or (b) or (c) CA61
14 years imp
Ingredients
- (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 any 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. - 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
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 it produced on the complainant’s head would point strongly to the presence of the necessary intent.
R v Tihi
(Two-fold test for intent)
In addition to the specific intents outlined in paragraphs (a), (b) or (c), it must be shown that 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.
a) Commit
Or
Facilitate
In order to make it possible or easier to commit the intended imprisonable offence.
b) Avoid Detection
To prevent himself or another person from being caught in the act.
Eg. Knock security guard unconscious
c) Avoid arrest Or Facilitate Flight
To enable the offender or offenders to more easily make their escape or to prevent their capture.
R v Wati
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.
An Imprisonable Offence
Any offence punishable by a term of imprisonment
R v Waters
Wound
A breaking in the skin would 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 will 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 the victim is deprived of the use of a limb or one of the senses. There need to be some degree of permanence.
Disfigures
To deform or deface, mar or alter the figure or appearance of a person
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage.
Grievous Bodily Harm
GBH can be defined as 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
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 a way which might hinder an intended crime.
Render Unconscious
Must cause the victim to lose consciousness.
Blow to head, strangle or noxious substance
By any violent means renders incapable of resistance
Includes the application of force that physically incapacitates a person.
Tying the victim’s hands and feet or inflicting debilitating injuries, can include threats in some circumstances
R Crossan
Resistance
Incapable of resistance includes powerlessness of the will as well as a physical incapacity.
Agg Wounding liability
with intent to - intent meaning - R v Taisalika - R v Tihi commit or facilitate the commission of any imprisonable offence - facilitate the commission meaning - R v Sturm OR avoid detection of himself or any other person in the commission of any imprisonable offence. - Avoid detection meaning OR avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence - Facilitate flight meaning - Imprisonable offence - R v Wati Wounds - R v Waters OR Maims - meaning OR Disfigures - meaning - R v Rapana and Murray OR Causes GBH - GBH meaning - DPP v Smith OR Stupefies - R v Sturm OR Renders unconscious - Unconscious meaning OR by any violent means renders any person incapable of resistance - violent mean meaning - R v Crossan Any person - Person meaning
Any Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
