Aggravated Wounding

Question 1

Act and section

Answer 1

191 (1)(a)(b)(c) Crimes Act 1961

Question 2

Penalty

Answer 2

14 Years Imprisonment

Question 3

Ingredients

Answer 3

1) With Intent:
a) to commit or facilitate the commission of any imprisonable offence.
b) to avoid detection of himself or any other person in the commission of any imprisonable offence.
c) to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
2) Wounds - Maims - Disfigures - Causes GBH - Stupefy’s - Render unconscious - By any violent means, renders incapable of resistance.
3) Any person.

Question 4

Intent

Answer 4

Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.

Question 5

Case law:

R v Mohan

Answer 5

A decision to bring about, in so far as it lies within the accused’s power, the commission of an offence.

Question 6

Case law:

R v Waaka

Answer 6

A fleeting or passing thought is not sufficient. There must be a firm intent or firm purpose to effect an act.

Question 7

Case law:

R v Tihi

Answer 7

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 8

a) Commit
Or
Facilitate

Answer 8

To do, perform or perpetrate.
Or
To make possible or to make easy or easier.

Question 9

b) Avoid Detection

Answer 9

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

Question 10

c) Avoid arrest
Or
Facilitate Flight

Answer 10

Acts done by offenders to avoid their own or others arrest.
Or
help escape after the commission of a crime or attempted crime.

Question 11

An Imprisonable Offence

Answer 11

Normal meaning - any offence punishable by a term of imprisonment.

Question 12

Case law:

R v Wati

Answer 12

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 13

Case law:

R v Sturm

Answer 13

Under section 191 (1)(a), it is not necessary for the prosecution to prove that the intended crime was actually subsequently committed.

Question 14

Case law:

R v Waters - Wound

Answer 14

A wound is the breaking in the continuity of the skin with the flow of blood and can be internal or external.

Question 15

Maims

Answer 15

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.

Question 16

Disfigures

Answer 16

To deform or deface, mar or alter the figure or appearance of a person

Question 17

Case law:

R v Rapana and Murray

Answer 17

The word disfigure covers not only permanent damage but also temporary damage.

Question 18

Grievous bodily harm

Answer 18

GBH can be defined as harm that is really serious.

Question 19

DPP v Smith

Answer 19

Bodily harm needs no explanation and Grievous means no more and no less than really serious.

Question 20

Case law:

R v STURM - Stupefy

Answer 20

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 the performance of a person.

Question 21

Render Unconscious

Answer 21

To cause to be rendered unconscious. Must cause the victim to lose consciousness.

Question 22

By any violent means renders capable of resistance

Answer 22

Violent Means: includes the application of force that physically incapacitates a person.

Question 23

Case law:

R v CROSSAN

Answer 23

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.

Question 24

Any person

Answer 24

Gender neutral. Proven by judicial notice or circumstantial evidence.