Aggravated Wounding Flashcards
Aggravated Wounding - section and ingredients
Section 191(a)or(b)or(c) of crimes act - 14 years
- (a) with intent to commit or facilitate the commission of any imprisonable offence OR
(b) with intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR
(c) with intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence - wounds OR maims OR disfigures OR causes GBH OR stupefies OR renders unconscious OR by any violent means renders the person incapable of resistance
- any person
what is intent to commit
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it
R v Mohan on intent
a decision to bring about in so far as it lies within the accused’s power, the commission of the offence
R v Waaka on intent
a fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act
R v Taisalika on intent
The nature of the blow and gash which it produced on the complainants head would point strongly to the presence of the necessary intent
R v Tihi on intent
it must be shown 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
what does “facilitate the commission” (subsection (a)) mean
to make possible or to make easier
R v Sturm on facilitating the commission
under section 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed
what offences would the “Avoiding detection” element under subsection (b) be applicable to
Offences under section 191(1)(b) that arise during the commission of an imprisonable, where the offender causes the specified harm to prevent himself or another person from being caught in the act
what offences would the “facilitate flight” element under subsection (c) be applicable to
offences where 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
what is an imprisonable offence under section 5 of the criminal procedure act 2011
An imprisonable offence means, in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
R v Wati on proof of the commission or attempted commission of a crime
There must be proof of the commission or attempted commission of a crime either by person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate
R v Waters on what constitutes a wound
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 a flow of blood and, in its occurrence at the site of a 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
what is maims
involves mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. needs to be some degree of permanence
what is the meaning of disfigures
to disfigure means to deform or deface, to mar or alter the figure or appearance of a person
