Serious Assaults - Aggravated Wounding/Injury

Question 1

What is the aggravating part in aggravated wounding or injury

Answer 1

That the offender caused harm to the victim in the process of committing some other imprisonable offence.

Question 2

What is the two fold test?

Answer 2

That the defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in para (a) (b) or (c) and

They intended to cause the specified harm or were reckless as to that risk.

Question 3

Facilitate

Answer 3

Means to make possible or to make easy or easier

Question 4

Under S191(1)(c) what must the prosecution prove?

Answer 4

That an imprisonable offence was committed or attempted

Question 5

Stupefies

Answer 5

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

Question 6

Render unconscious

Answer 6

The victims actions must cause the victim to lose consciousness.

This section does not limit how this may be achieved.

Question 7

Violent means

Answer 7

includes the application of force that physically incapacitates a person.
However it is not limited to physical violence and may include threats of violence in some circumstances

Question 8

Rendered incapable of resistance

Answer 8

A mere threat may not in itself be sufficient but if the person making the threat does something else eg brandish a firearm then that could render a person incapable of resistance.

Question 9

Where the offender assaults a person with the specified intent but the victim suffers no actual bodily harm, what is the most appropriate charge?

Answer 9

S192

Aggravated assault