Liability 191(2) (a) or (b) or (c)

Question 1

Aggravated Injuring

Section and Penalty

Answer 1

Section 191(2) (a) or (b) or (c) Crimes Act 1961

7 Years Imprisonment

Question 2

Aggravated Injuring

Ingredients

Answer 2

.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. Injures

.3 Any person

Question 3

.1 (a) With intent to commit or facilitate the commission of any imprisonable offence

Answer 3

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

Question 4

.1 (b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence

Answer 4

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”.

Question 5

.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

Answer 5

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

Question 6

.2 Injures

Answer 6

Injure:
Means to cause actual bodily harm.
Sec. 2, Crimes Act 1961

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent, but must, not doubt, be more than merely transitory or trifling.
R v Donovan

Question 7

.3 Any person

Answer 7

Person:

Gender neutral. Proved by judicial notice or circumstantial evidence.