Aggravated Wounding/Injury

Question 1

Sec 191 (1) and (2)

Answer 1

S191 - AGG WOUND/INJURY
(1) Everyone/With intent/
(a) To commit or facilitate the commission of any imprisonable offence (about to)/
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence (doing)/
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence (just done)/
wounds, maims, disfigures, or causes GBH to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.
(2) Injures/any person.

Question 2

R V Tihi

Answer 2

R V TIHI
In addition to one of the specific intents outlined in (a), (b) or (c), it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken were likely to expose others to the risk of suffering it

2 fold INTENT of 191
First offender intended on facilitating/avoid/flight of imprisonable offence and intended specified harm or reckless to the risk.

Question 3

R V Wati

Answer 3

R V WATI - S191(1)(c)
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 4

Stupefies and Renders Unconscious

Answer 4

STUPIFIES - Effect on the mind/nervous system which seriously interferes with mental/physical ability to act in a way that might hinder a crime - STURM

Renders UNCONSCIOUS - Offenders actions must cause the victim to lose consciousness

RENDERS INCAPABLE of Resistance - Physically incapacitates (tying up) but also include threats of violence depending on circs.

Question 5

By any violent means rendered incapable of resistance - R V Crossan

Answer 5

INCAPABLE OF RESISTANCE - R V CROSSAN
Not limited to physical violence (eg tying up) and may include threats of violence, depending on the circumstances. Mere threat may not be sufficient but including loaded revolver that makes victim submit. Rendered incapable by violent means/lack of will submitted to offender as if physically incapable.

Question 6

Aggravated Assault

Answer 6

AGG ASSAULT - S192(1)
Any person/who assaults another person/with intent-
(a) To commit or facilitate the commission of any imprisonable offence
(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

Question 7

Aggravated Assault (2)

Answer 7

S192(2) AGG ASSAULT
Anyone who/ Assaults/ Any constable OR person acting in aid of any constable OR any person in lawful execution of any process/ With intent to obstruct the person assaulted in execution of his duty

Question 8

Assault

Answer 8

ASSAULT (+ INTENT)
Intention to apply or attempt to apply force, directly or indirectly to the person of another, in circumstances where the victim believes the offender will be able to carry out the threat