Aggravated Wounding or Injury

Question 1

What is the section and penalty for Aggravated wounding or injury?

Answer 1

Section 191(1)(a)(b)(c) 
14 years imprisonment

Question 2

What are the elements in each of the sub-paragraphs?

Answer 2

With Intent:
(a) In the commission or facilitation of any imprisonable
offence or
(b) To avoid the detection of himself / herself or any
other person in the commission of any imprisonable
offence or
(c) To avoid arrest or facilitate flight of himself / herself or
any other person in the commission or attempted
commission of any imprisonable offence

• Wounds, maims, disfigures, GBH, stupefies, renders
  unconscious any person or any violent means renders
  any person incapable of resistance.

Question 3

What is Intent?

Answer 3

Two types, first is to commit an act second is the intent to get a specific result.

Question 4

What is the two-fold test for intent?

Answer 4

Outline the two fold test for intent that prosecutions needs to satisfy:

1. That the defendant intended to commit or facilitate any 
   imprisonable offence (or any of the intents in a, b, c) 

and

2. the defendant intended to cause he specified harm,
   or reckless as to that risk.

Question 5

Explain R v Tihi

Answer 5

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

Question 6

Explain facilitate?

Answer 6

To make possible, easy or easier the intended offence.

Question 7

Under subsection (a) what is outlined?

Answer 7

there only needs an intent to commit or facilitate any imprisonable offence however if the specified harm is caused and the intended offence is not actually carried out, the offence has still been committed.

Question 8

Avoid Detection?

Answer 8

Under section 191(1)(b) identifies that when the offender has committed or facilitated the imprisonable offence has applied the specific during to avoid being caught in the act.

Question 9

Facilitate Flight?

Answer 9

Under subsection (c) offenders have committed or attempted to commit an offence then apply harm to make easier their escape or prevent their capture.

Question 10

What does prosecution have to prove for subsection (c)?

And what caselaw applies?

Answer 10

• That the offence was committed or attempted then
  have escaped or prevented their capture by carrying
  out the specified harm.
• R v Wati
  There must be proof of the commission or attempted commission of the crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

Question 11

Stupefies? And caselaw

Answer 11

R v Strum

Stupefy means to have caused an effect on the mind or nervous system of a person, which really seriously interferes with a person;s mental or physical ability to act in any way which might hinder an intended crime.

Question 12

Renders Unconscious?

Answer 12

Render unconscious is to cause someone to become unconscious.

Question 13

Violent Means?

Answer 13

The term violent means includes the application of force that physically incapacitates a person, such as tying a person’s hands and feet or inflicting debilitating injuries.

Question 14

Rendered incapable of resistance?

Answer 14

A mere threat may not be sufficient to satisfy rendering a person to be incapable of resistance however brandishing a weapon and causing the Victim to believe that the threat is capable then that will have an effect that amounts to rendering incapable of resistances.

Question 15

Aggravated Injuring?

Section and penalty?

Answer 15

Under section 191(2) has the same intents but different result…ie injury.

Penalty - 7 years of imprisonment.

Question 16

R v Tihi?

Answer 16

In addition to one of the specified 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 risk of harm would expose others to suffering it.

Question 17

R v Wati? subsection (c)

Answer 17

There must be proof of the commission or the attempted commission of the crime either by the person who committed the assault or the person whose arrest or flight he intends to avoid or facilitate.