Aggravated Wounding

Question 1

Aggravated Wounding (1)or injury (2)
191(1)-(2) (a) or (b) or (c) CA61
14 /7 years imprisonment

Answer 1

(1) with intent—
(a) to commit or facilitate the commission of any imprisonable offence; or

(b) to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence; or

(c)to avoid the arrest or facilitate the flight of himself or herself 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,

or stupefies or renders unconscious any person,

or by any violent means renders any person incapable of resistance.

(2)
Every one is liable to imprisonment for a term not exceeding 7 years who, with any such intent as aforesaid, injures any person.

Question 2

Define ‘Commit or Facilitate’

Answer 2

To make possible or to make easy or easier.

Question 3

Define ‘Avoid detection’

Answer 3

Offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 4

Define ‘Avoid arrest OR facilitate flight’

Answer 4

The specified harm is caused 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.

Question 5

R v TIHI

Answer 5

In addition to 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 risk of suffering it.

Question 6

R v WATI

Answer 6

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 7

Define ‘Imprisonable Offence’

Answer 7

Any offence punishable by a term of imprisonment.

Question 8

Define ‘Render unconscious’

Answer 8

To render means to ‘cause to be to’ or ‘cause to become’. ( cause to be or become )

The offenders actions must cause the victim to lose consciousness.
( offenders action caused the victim to lose consciousness)

Question 9

Define ‘violent means’

Answer 9

Includes the application of force that physically incapacitates a person such as tying the victims hands and feet or inflicting debilitating injuries. Not limited to physical violence, may include threats.

Question 10

Define ‘rendered incapable of resistance’

Answer 10

A threat itself may not be sufficient to constitute ‘violent means’,

but when it is in circumstances where the offenders actions cause the victim to submit to his will in belief that he will carry out his threat unless she does so it -

can be said that she was rendered incapable of resistance by violent means just as effectively as if she were physically incapable.

Question 11

Two fold test for intent

Answer 11

1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the intents in paragraphs (a), (b) or (c) AND:
2. He or she intended to cause the specified harm or was reckless to that risk.

R V TIHI