Aggravated Wounding

Question 1

Section and penalty

Answer 1

191(1)(a) or (b) or (c) CA61

14 years imprisonment

Question 2

Ingredients

Aggravated Woundinding

Answer 2

(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.

Question 3

Define ‘Commit of Facilitate’

Answer 3

To make possible or to make easy or easier.

Question 4

Define ‘Avoid detection’

Answer 4

Offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 5

Define ‘Avoid arrest OR facilitate flight’

Answer 5

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.

Question 6

R v TIHI

Answer 6

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.

Question 7

R v WATI

Answer 7

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.

Question 8

Define ‘Imprisonable Offence’

Answer 8

Any offence punishable by a term of imprisonment.

Question 9

Define ‘Render unconscious’

Answer 9

To render means to ‘cause to be to’ or ‘cause to become’.

The offenders actions must cause the victim to lose consciousness.

Question 10

Define ‘violent means’

Answer 10

Includes the application of force that physically incapacitates a person such as tying the victims hands and feet or inflicting debilitating injuries. Not limited to physical violence, may include threats.

Question 11

Define ‘rendered incapable of resistance’

Answer 11

A threat may not in itself be sufficient to constitute ‘violent means’, but when it is in circumstances where the offenders actions cause the victim to submit to his will in belief that he will carry out his threat unless she does so it can be said that she was rendered incapable of resistance by violent means just as effectively as if she were physically incapable.

Question 12

Two fold test for intent

Answer 12

1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the intents in paragraphs (a), (b) or (c) AND:
2. He or she intended to cause the specified harm or was reckless to that risk.

R V TIHI