Injuring with Intent & Aggravated Wounding

Question 1

Injuring with Intent to GBH

Answer 1

Section 189 (1), Crimes Act 1961
- With intent to cause grievous bodily harm
- To any person
- Injures
- Any person

Question 2

Injuring with Intent to Injure

Answer 2

Section 189 (2), Crimes Act 1961
- With intent to injure any person or with reckless disregard for the safety of others
- Injures
- Any person

Question 3

Aggravated Wounding

Answer 3

Section 191 (1), Crimes Act 1961
- 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, or maims or 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.

Question 4

Injure

Answer 4

To injure means to cause actual bodily harm. Can include psychiatric injury, if medical evidence confirms an identifiable clinical condition.

Question 5

(a) Agg Wounding

Answer 5

To ‘facilitate’ means to make possible or make easy/easier. Provided they have the necessary intent at the time the harm is caused, it is immaterial whether they actually commit the intended imprisonable offence or not.

Question 6

(b) Agg Wounding

Answer 6

the offender causes the specified harm to prevent himself or another person from being ‘caught in the act’

Question 7

(c) Agg Wounding

Answer 7

The specified harm is caused to enable the offender or offenders to more easily effect their escape, or to prevent their capture.

Question 8

Imprisonable offence

Answer 8

An imprisonable offence is an offence punishable by imprisonment.

Question 9

R v Wati

Answer 9

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 10

R v Tihi

Answer 10

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.

Question 11

Stupefies

Answer 11

means to induce a state of stupor, to make stupid, groggy or insensible; to dull the senses or faculties.

Question 12

R v Sturm

Answer 12

To stupefy means to cause an affect on the mind or nervous system of a person which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.

Question 13

Renders unconscious any person

Answer 13

To ‘render’ means to ‘cause to be’ or ‘cause to become’. The offender’s actions must cause the victim to lose consciousness.

Question 14

By any violent means renders any person incapable of resistance

Answer 14

includes the application of force that physically incapacitates a person.
“violent means” is not limited to physical violence and may include threats of violence, depending on the circumstances

Question 15

R v Crossan

Answer 15

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

Question 16

Aggravated Injuring

Answer 16

Section 191(2) Crimes Act 1961
the offender has one of the intents listed under section 191(1)(a), (b) or (c) however the outcome to the victim is injury.

Question 17

Aggravated Assault

Answer 17

Section 192(1) Crimes act 1961
(1) 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) 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.