Aggravated Wounding - S191(a)-(c), CA61

Question 1

Aggravated Wounding

Answer 1

Section 191(1)(a)-(c), Crimes Act 1961

= 14years imprisonment

Question 2

Intent

Answer 2

In a criminal law context there are two specific types of intention in an offence.

Firstly there must be an intention to commit the act

Secondly, an intention to get a specific result

Question 3

Section 191(1)(a), Crimes Act 1961
Sub section (a):

Answer 3

With Intent to commit or facilitate the commission of any imprisonable offence.

Facilitate the commission:
- to make possible or to make easy or easier

Question 4

Section 191(1)(b), Crimes Act 1961
Sub section (b):

Answer 4

With Intent to avoid detection of himself or any other person in commission of an imprisonable of offence.

Avoid detection:
Offences under section 191(1)(b) arise during the commission of an imprisonable, where the offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 5

Section 191(1)(c), Crimes Act 1961
Sub section (c)

Answer 5

With Intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence

Facilitate Flight:
To make possible or to make easy or easier.
The specified harm is caused to enable the offender(s) to more easily effect their escape, or to prevent their capture after the commission or attempted commission of an imprisonable offence

Question 6

R v Taisalika

Answer 6

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

Question 7

R v Tihi

Answer 7

In addition to one of the specific intents outlined in paragraphs (a) (b) (c) it must be shown 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.

Question 8

What are the 2nd elements in Section 191(1)(a)-(c), Crimes Act 1961?

Answer 8

• Wounds any person
• Maims any person
• Disfigures any person
• Causes GBH to any person
• Stupefies any person
• Renders unconscious any person
• By any violent means renders any person incapable of resistance

Question 9

Imprisonable Offence means:

Answer 9

Imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment

Question 10

R v Wati

Answer 10

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 11

R v Waters

- wound

Answer 11

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 a flow of blood and, in its occurrence at the site of a blow or impact, the wound will more often that not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

Question 12

Maims

Answer 12

Will involve mutilating, crippling or disabling a part of the body so as to deprive the victim of the use of a limb or one of the senses. There needs to be some degree of permanence.

Question 13

Disfigures

Answer 13

To disfigure means to deform or deface; to mar or alter the figure or appearance of a person

Question 14

R v Rapana and Murray

Answer 14

The word disfigures covers not only permanent damage but also temporary damage

Question 15

DPP v Smith

Answer 15

Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 16

R v Sturm

• Stupefies

Answer 16

To stupefy means 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 any way which might hinder an intended crime

Question 17

Render unconscious

Answer 17

To render a person unconscious, the offender’s actions must cause the victim to lose consciousness

Question 18

R v Crossan

Answer 18

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity

Question 19

Any violent means

Answer 19

Includes the application of force that physically incapacitates a person