Liability 191(1) (a) or (b) or (c) Flashcards
Aggravated Wounding
Section and Penalty
Section 191(1)(a) or (b) or (c) Crimes Act 1961
14 Years Imprisonment
Aggravated Wounding
Ingredients
.1
(a) With intent to commit or facilitate the commission of any imprisonable offence
(b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence
(c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
.2 Wounds any person OR Maims any person OR Disfigures any person OR Causes GBH to any person OR Stupefies any person OR Renders unconscious any person OR By any violent means renders any person incapable of resistance
.1 (a) With intent to commit or facilitate the commission of any imprisonable offence
Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
_____
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of necessary intent.
R v Taisalika
_____
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.
R v Tihi
_____
Imprisonable offence:
Offence punishable by imprisonment for life or by a term of imprisonment.
Sec. 5, Criminal Procedure Act 2011
_____
Subsection (a):
Facilitate the commission:
To make possible or to make easy or easier.
Under Section 191(1)(a), it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
R v Sturm
.1 (b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence
Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
_____
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of necessary intent.
R v Taisalika
_____
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.
R v Tihi
_____
Imprisonable offence:
Offence punishable by imprisonment for life or by a term of imprisonment.
Sec. 5, Criminal Procedure Act 2011
_____
Subsection (b)
Avoid detection:
Offences under Section 191(1)(b) arise during the commission of an imprisonable offence, where the offender causes the specified harm to prevent himself or another person from being “caught in the act”.
.1 (c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
_____
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of necessary intent.
R v Taisalika
_____
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.
R v Tihi
_____
Imprisonable offence:
Offence punishable by imprisonment for life or by a term of imprisonment.
Sec. 5, Criminal Procedure Act 2011
_____
Subsection (c)
Facilitate the commission:
To make possible or to make easy or easier.
The specified harm is cause 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.
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.
R v Wati
.2 Wounds any person
OR
Maims any person
OR
Disfigures any person
OR
Causes GBH to any person
OR
Stupefies any person
OR
Renders unconscious any person
OR
By any violent means renders any person incapable of resistance
Person:
Gender neutral, proven by judicial notice and circumstantial evidence.
_____
Wound:
A breaking of the skin normally evidenced by a flow of blood. More often than not be external but may be internal.
R v Waters
OR
Maims:
Will involve mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence.
OR
Disfigures:
To “disfigure” means to “deform” or “deface”; to mar or alter the figure or appearance of a person.
The word disfigure covers not only permanent damage but also temporary damage.
R v Rapana and Murray
OR
Grievous bodily harm can be defined simply as “harm that is really serious”.
“Bodily harm needs no explanation and “grievous” means no more and no less than “really serious”.
DPP v SMITH
OR
Stupefies:
To stupefy means to cause an effect on the mind or nervous system or a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder the intended crime.
R v Sturm
OR
Renders unconscious:
The offender’s actions must cause the victim to lose consciousness.
OR
Any violent means:
Includes the application of force that physically incapacitates a person.
Incapable of resistance includes powerlessness of the will as well as physical incapacity.
R v Crossan
