Aggravated Wounding S191(1)(c) CA61

Question 1

What are the elements of Aggravated Wounding S191(1)(c) CA61

Answer 1

• With intent to
• Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
• Wounds/Maims/Disfigures/Causes GBH to any person OR stupefies or renders unconscious any person OR by any violent means renders any person capable of resistance.
• Any Person

Question 2

Define Intent

Answer 2

There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE

Question 3

R v Collister

Answer 3

Circumstantial evidence of the offender’s intent may be inferred by:
- The offender’s actions and words before, during and after the event
- Surrounding circumstances
- The nature of the act itself

Question 4

R v Taisalika

Answer 4

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent

Question 5

Define the two-fold test for intent regarding Aggravated wounding or injury

Answer 5

1) The defendant intended to facilitate the commission of an imprisonable offence or one of the other intents specified in (a) – (c)
2) He/she intended to cause the specific harm, or was reckless as to that risk

Question 6

Define Facilitate Flight

Answer 6

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

Question 7

R v Wati

Answer 7

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 8

Define Imprisonable Offence

Answer 8

Any offence which is punishable by a term of imprisonment

Question 9

R v Tihi

Answer 9

In addition to one of the specific intents outlined in paragraphs (a)-(c) It must be shown that the offender 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 10

Define Wounds

Answer 10

Wounds can be defined in case law R v Waters

Question 11

R v Waters

Answer 11

A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by the flow of blood and, in its occurrence at the site of blow or impact, the wound will more often than not be external, but there are those cases where the bleeding which evidences the separation of tissues may be internal

Question 12

Define Maims

Answer 12

Maiming in practical terms will involve mutilating, crippling, or disabling a part of the body so as to deprive the victim of the use of a limb or of one of the senses. The term maiming is archaic, and any injury fitting theses descriptions would be really serious therefore classed as GBH

Question 13

Define Disfigures

Answer 13

To disfigure means to deform or deface; to mar or alter the figure or appearance of a person

Question 14

R v Rapana and Murray

Answer 14

The word disfigure covers not only permanent damage but also temporary damage

Question 15

Define Causes

Answer 15

In this context a person causes GBH if his/her actions make him/her criminally responsible for it

Question 16

Define GBH

Answer 16

Grievous bodily harm simply means “Harm that is really serious”. This section does not specify the manner in which the harm is caused and there is no reference to violence, therefore it is not necessary to prove an assault in all cases. Grievous refers to the degree of harm rather than the nature of how it was caused and as long as the harm is serious, it doesn’t need to involved life threatening or permanent injury

Question 17

Define Stupefies

Answer 17

To cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime. Stupefies includes administering of drugs that lead to dis-inhibition and stimulated uncharacteristic behaviour

Question 18

Define Renders Unconscious

Answer 18

To render means to cause to be or cause to become. To render a person unconscious, the offender’s actions must cause the victim to lose consciousness. Includes knocking them out, strangulation and administering a noxious substance.

Question 19

Define Violent Means

Answer 19

Violent means includes the application of force that physically incapacitates a person, such as tying the victims hands and feet or inflicting debilitating injuries. Violent means is not limited to physical violence and includes threats of violence depending on the circumstances

Question 20

Define Rendered Incapable of Resistance

Answer 20

It was held that a threat in itself does not constitute as violent means, however when the offender is making a threat which causes the victim to submit to his will (R v Crossan, loaded revolver) in the belief that the offender will carry out his threat, it can be said she was rendered incapable of resistance by violent means

Question 21

Define Person S2 CA61

Answer 21

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant