Injuring With Intent Flashcards
Injuring With Intent - Legislation
Section 189, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to cause grievous bodily harm to any one, injures any person.
(2) Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person.
Aggravated wounding or injury
Section 191, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 14 years who with
intent—
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of any
imprisonable offence; or
(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—
wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies
or renders unconscious any person, or by any violent means renders any person
incapable of resistance.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with any
such intent as aforesaid, injures any person.
R v Tihi - (TFT for section 191)
Two Fold Test for S191
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 specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it”.
Definitions of “Aggravate” and “Facilitate”
“Aggravate” means to make something worse.
“Facilitate” means to make possible, or to make easy or easier.
R v Wati
Facilitates Flight
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.
Stupefies definition
Nice to know:
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.”
“Violent means” definition
“violent means” physical violence and threats of violence in some circumstances (otherwise covered off by “rendered incapable of resistance”
It includes the application of force that physically incapacitates a person, such as tying the victim’s hands and feet or inflicting debilitating injuries.
Rendered incapable of resistance meaning
Threats of violence if the victim does not submit causing them to be unable to escape/seek help
In R v Crossan, the defendant, intending to rape the victim, presented a loaded revolver at her and threatened to shoot her unless she submitted to
sexual intercourse.
Aggravated Assault Legislation
Section 192,
Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent-
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or of any other person in the commission of
any imprisonable offence; or
(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.
(2) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any
constable or any person acting in aid of any constable, or any person in the lawful
execution of any process, with intent to obstruct the person so assaulted in the
execution of his duty.
Elements of Assault
- intention to apply or attempt to apply force
- application or attempted application of force, whether directly or indirectly, or
- threat to apply force in circumstances where the victim believes the offender will be able to carry out the threat
