Aggravated Wounding Flashcards
Agg Wounding section and Act
S191(1)(a) or (b) or (c), CA1961
Agg Wounding Penalty
14yrs
Ingredients
a) with Intent to commit or facilitate the commission of any imrisonable offence
OR
b) with Intent to avoid detection of himself or any other person
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
2. Wounds Or Maims Or Disfigures Or Causes GBH Or Stupefies Or Renders unconscious by any person Or By any violent means renders any person incapable of resistance
Agg wound Intent definition and case law
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
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 Taisalika.5
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’
R v Tihi
Intent to commit or facilitate definition and case law
Sub section (a):
Facilitate the commission:
To make possible or to make easy or easier.
Under section 191(1)(a) “it is not necessary for the prosecution to prove the intended crime was actually subsequently committed”.
R v Sturm
To avoid detection
Sub section (b): Avoid detection: Offences under section 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”.
To avoid arrest or facilitate flight definition
Sub section (c):
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 definition and case law
Imprisonable offence: section 5, Criminal Procedure Act 2011
Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.
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.
R v Wati5
Wound definition and case law
Wound:
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
R v Waters
Maims definition
Maims:
Will involve mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses. There needs to be some degree of permanence.
Disfigures definition and case law
Disfigures:
To “disfigure” means “to deform or deface; to mar or alter the figure or appearance of a person”5
The word ‘disfigure’ covers “not only permanent damage but also temporary damage”
R v Rapana and Murray5
GBH definition and case law
Grievous Bodily Harm:
Grievous bodily harm can be defined simply as “harm that is really serious.” 5
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”
DPP v Smith
Stupefies Definition and case law
Stupefies
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.
R v Sturm.
To render unconscious definition
Renders unconscious:
To render a person unconscious, the offender’s actions must cause the victim to lose consciousness.
By any violent means definition and case law
Any violent means:
Includes the application of force that physically incapacitates a person.5
“Incapable of resistance” includes a powerlessness of the will as well as a physical incapacity.
R v Crossan
