Progress Test 1

Question 1

Wounding with Intent is an offence under s188(1)(2) - what is the difference between the two subsections?

Answer 1

Subsection 1 involves the intent to cause GHB to any person which entails a heavier sentence.

Subsection 2 involves an intention to injure and being reckless to the safety others which entails a lesser sentence.

Both subsection have the same outcome ie: wounds, maims, disfigures, or GBH.

Question 2

What are the intents in section 191?

Answer 2

Aggravated Wounding

With intent to

(a) Commit or facilitate the commission of an
imprisonable offence

(b) To avoid detection of himself or another person in the commission of an imprisonable offence.
(c) to avoid arrest or facilitate flight of himself or herself or some other person in the commission or attempted commission of imprisonable offence.

Question 3

What is held in R v Crossan?

Answer 3

That a mere threat may not be suffice to render a person incapable of resistance. But in this case the offender was brandishing a loaded shot with the threat so it rendered her incapable of resistance.