Aggravated Wounding/Injury - S191 Flashcards
Aggravated wounding
Section/Penalty/Elements
Wounding
CA61; 191(1)
14 years imprisonment
(1)
(a) With intent to commit or facilitate the commission of any imprisonable offence;
OR
(b) With intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence;
OR
(c) With intent 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 -
(2)
wounds OR
maims OR
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.
(3) to any person
Aggravated injuring
Section/Penalty/Elements
Injury
CA61; 191(2)
7 years imprisonment
(1)
(a) With intent to commit or facilitate the commission of any imprisonable offence;
OR
(b) With intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence;
OR
(c) With intent 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 -
(2)
Injures
(3)
any person
Aggravated Assault
Section/Penalty/Elements
Assaults
CA61; 192(1)
3 years imprisonment
(1)
(a) With intent to commit or facilitate the commission of any imprisonable offence;
OR
(b) With intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence;
OR
(c) With intent 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 -
(2)
Assaults
(3)
any person
S191(1) and (2)
Both Wounding and Injury
Element 1 (a)(b)(c)
What case laws and definitions for this element?
Definitions: Intent
Case Laws:
1) R v Taisalika
2) R v Collister
(a) = Clue: Make possible or easier
Caselaw: R v Strum
(b) = Clue: avoid detection
(c) = Clue: facilitate flight, cause harm to make easier for offenders escape.
Caselaws: R v Wati, R v Tihi
S191(1)
Element 2
What case laws and definitions for this element?
wounds - R v Waters
maims - definition: involves mutilating, crippling, disabling part of body/senses
disfigures - deform or deface - R v Rapana and Murray
causes GBH to any person - DPP v Smith
stupefies - R v Sturm
renders unconscious any person - lose unconcious
by any violent means renders any person incapable of resistance - R v Crossan
S191(2)
Element 2
Injures
What case laws and definitions for this element?
Definition = Injure = Actual Bodily Harm
Case Law: R v McArthur
Case law:
R v Collister
R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent
Note: Intent
Case law:
R v Taisalika
R v Taisalika
The nature of the blow and the gash produced points strongly to the necessary intent
Definition: Intent
Deliberate act to get a specific result
Case law:
R v Sturm
Note: 191(1) and (2) (a)
S191(1)(a) AND S191(2)(a)
R v Sturm: not necessary to prove intended crime was committed.
Case law:
R v Wati
R v Wati:
Must be proof of the attempt or commission of imprisonable offence
Case law:
R v Tihi
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R v Tihi:
The prosecution must satisfy a ‘two-fold’ test for intent:
1) The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b), or (c), and
2) He or she intended to cause the specified harm, or was reckless as to that risk.
Case Law:
R v Waters
R v Waters
Evidence by breaking of the skin and the flow of blood. May be internal or external.
Note: Wounds
Case Law:
R v Rapana and Murray
R v Rapana and Murray
Covers both permanent and temporary damage
Note: Disfigures
Case Law:
DPP v Smith
DPP v Smith:
GBH means really serious harm
Note: Causes GBH
