Aggravated Wounding S191(1)(a) CA61 Flashcards
What are the element to Aggravated Wounding S191(1)(a) CA61
- With intent to
- Commit or facilitate the commission of any imprisonable offence
- Wounds/Maims/Disfigures/Causes GBH to any person OR stupefies or renders unconscious any person OR by any violent means renders any person capable of resistance.
- Any Person
Define Intent
There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE
R v Collister
Circumstantial evidence of the offender’s intent may be inferred by:
- The offender’s actions and words before, during and after the event
- Surrounding circumstances
- The nature of the act itself
R v Taisalika
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent
Define the two-fold test for intent regarding Aggravated wounding or injury
1) The defendant intended to facilitate the commission of an imprisonable offence or one of the other intents specified in (a) – (c)
2) He/she intended to cause the specific harm, or was reckless as to that risk
Define Facilitate
To facilitate means to make possible or make easy or easier.
Provided he has the necessary intent to cause the harm at the time, it is immaterial whether he/she actually commits the intended offence or not
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
Define Imprisonable Offence
Any offence which is punishable by a term of imprisonment
R v Tihi
In addition to one of the specific intents outlined in paragraphs (a)-(c) It must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it
Define Wounds
Wounds can be defined in case law R v Waters
R v Waters
A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by the flow of blood and, in its occurrence at the site of blow or impact, the wound will more often than not be external, but there are those cases where the bleeding which evidences the separation of tissues may be internal
Define Maims
Maiming in practical terms will involve mutilating, crippling, or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses. The term maiming is archaic, and any injury fitting theses descriptions would be really serious therefore classed as GBH
Define Disfigures
To disfigure means to deform or deface; to mar or alter the figure or appearance of a person
R v Rapana and Murray
The word disfigure covers not only permanent damage but also temporary damage
Define Causes
In this context a person causes GBH if his/her actions make him/her criminally responsible for it