Aggravated Wounding Flashcards
Act and section
191 (1)(a)(b)(c) Crimes Act 1961
Penalty
14 Years Imprisonment
Ingredients
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.
Intent
Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
Case law:
R v Mohan
A decision to bring about, in so far as it lies within the accused’s power, the commission of an offence.
Case law:
R v Waaka
A fleeting or passing thought is not sufficient. There must be a firm intent or firm purpose to effect an act.
Case law:
R v Tihi
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
To do, perform or perpetrate.
Or
To make possible or to make easy or easier.
b) Avoid Detection
Offender causes the specified harm to prevent himself or another person from being caught in the act.
c) Avoid arrest
Or
Facilitate Flight
Acts done by offenders to avoid their own or others arrest.
Or
help escape after the commission of a crime or attempted crime.
An Imprisonable Offence
Normal meaning - any offence punishable by a term of imprisonment.
Case law:
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.
Case law:
R v Sturm
Under section 191 (1)(a), it is not necessary for the prosecution to prove that the intended crime was actually subsequently committed.
Case law:
R v Waters - Wound
A wound is the breaking in the continuity of the skin with the flow of blood and can be internal or external.
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
Case law:
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.
Case law:
R v STURM - Stupefy
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.
Render Unconscious
To cause to be rendered unconscious. Must cause the victim to lose consciousness.
By any violent means renders capable of resistance
Violent Means: includes the application of force that physically incapacitates a person.
Case law:
R v CROSSAN
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
Any person
Gender neutral. Proven by judicial notice or circumstantial evidence.
