Violence - Aggravated Wounding or Injury

Question 1

S191(1) Crimes Act 1961 - Aggravated Wounding

What are the Ingredients?

What is the penalty?

Answer 1

Answer
- With intent

• (a) To commit or facilitate the commission
  of any imprisonable offence OR
• (b) To avoid the detection of himself or any
  other person in the commission of any
  imprisonable offence OR
• (c) To avoid the arrest or facilitate flight of
  himself or of any other person upon the
  commission or attempted commission
  of any imprisonable offence-
• Wounds, maims, disfigures or causes
  grievous bodily harm to any person ORstupefies ORrenders unconscious any person or by any violent
  means renders any person incapable of
  resistance

Answer:
Max 14 years imprisonment

Question 2

What is the meaning of aggravate in the context of s191?

Answer 2

Answer:
To “aggravate” means to make something worse.
In the context of s191 the offending is aggravated by the offender causing harm to the victim in the process of committing some other imprisonable offence

Question 3

S191(2) Crimes Act 1961 - Aggravated Injury

What are the Ingredients?

What is the penalty?

Answer 3

Answer:
- With intent

• (a) To commit or facilitate the commission
  of any imprisonable offence OR
• (b) To avoid the detection of himself or any
  other person in the commission of any
  imprisonable offence OR
• (c) To avoid the arrest or facilitate flight of himself or
  of any other person upon the commission or
  attempted commission of any imprisonable
  offence-
  Injures any person or stupifies or renders
  unconscious any person or by any violent means
  renders any person incapable of resistance

Answer:
Max 7 years imprisonment

Question 4

What are the 3 intents of the accused required under s191 (1) and (2)

Answer 4

Answer:
- Intent to commit or facilitate the
commission of any imprisonable offence

• Intent to avoid the detection of himself or
  any other person in the commission of
  any imprisonable offence.
• Intent 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

Question 5

If the offender assaults a person with one of the specified intents, but the victim suffers no actual bodily harm what is the appropriate charge?

Answer 5

Answer:

An aggravated assault under s192 CA 1961

Question 6

In R v Tihi it was held in proving an offence against s191 the prosecution must satisfy a two -fold test for intent. What is the test?

Answer 6

Answer:
1) The defendant intended to facilitate the
commission of an imprisonable offence

2) He or she intended to cause the
specified harm, or was reckless to that
risk

Question 7

What is the case law R v Tihi?

Answer 7

Answer:
In addition to one of the specific intents outlined in paragraphs (a), (b), or (c)
“it must be shown that the offender either 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 8

What does “facilitate” an imprisonable offence in the context of s191 mean?

Answer 8

Answer:
Facilitate means to make possible or make easier.
Under s191(1)(a) the offender
intentionally or recklessly causes the specific harm
in order to make it easier to commit the intended imprisonable offence

Question 9

Provided the offender has the necessary intent at the time he causes harm, Does it matter whether he actually commits the intended imprisonable offence or not?

Answer 9

Answer:
No, it is immaterial

Eg. Man who threatens a woman with a gun to make her stop struggling and submit to being raped commits s191(1)(a)

Question 10

What is an imprisonable offence?

Answer 10

Answer:

Any offence which is punishable by a term of imprisonment

Question 11

What is meant by “avoid detection” under s191 (1)(b)?

Answer 11

Answer:
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”.
E.g Lookout knocks out a security guard to prevent the guard from from walking in on a burglary.

Question 12

What is meant by “facilitate flight” under s191 (1)(c)?

Answer 12

Answer:
The specified harm is caused to enable the offender or offenders to more easily make their escape or to prevent their capture

Question 13

In regards to “facilitate flight” what must the prosecution prove about the imprisonable offence?

Answer 13

Answer:
The prosecution must prove that an imprisonable offence was actually committed or attempted before a person can be convicted of aggravated wounding while escaping after it.

Question 14

What was held in case law R v Wati?

Answer 14

Answer:
“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 15

Under s191(1)(c) What is meant by stupifies?

Answer 15

Answer:
Stupifies means to cause an effect on the mind or nervous system of a person which seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime

Question 16

Under s191(1)(c) What is meant by renders unconscious?

Answer 16

Answer:
Render means to “cause to be” or “cause to become”
To render unconscious, the offenders actions must cause the victim to lose consciousness.

This section does not limit how this may be achieved so it could include knocking a person unconscious with a blow to the head, strangling them or administering some noxious substance.

Question 17

Under s191(1)(c) What is meant by Violent means?

Answer 17

Answer:
Violent means includes the application of force that physically incapacitates a person
Eg. Tying the victims hands and feet or inflicting debilitating injuries.

It is not limited to physical violence and may include threats of violence, depending on the circumstances

Question 18

Under s191(1)(c) What is meant by Rendered incapable of resistance?

Answer 18

Answer:
This is in circumstances where the mere threat of violence itself may not constitute “violent means” but the offender making a threat may be brandishing a weapon that causes the victim to submit to the offenders will in the belief that the offender will carry out his threat
The offender therefore may become incapable of resistance as effectually as if they were physically incapable.

Question 19

Under s191(2) What is meant by Aggravated Injuring?

Answer 19

Answer:
The offender has one of the intents listed under section s191(1)(a), (b), (c) however the outcome to the victim is injury.