Aggravated injuring

Question 1

What is the act, section and penalty for aggravated injuring?

Answer 1

S191(2) (a) or (b) or (c) CA 61

7 yrs

Question 2

What are the 3 elements?

Answer 2

1:
a- With intent to commit or facilitate the commission of any imprisonable offence

b- with intent to avoid detection of himself or any other person in the commission of an imprisonable offence

c- With intent to avoid arrest or facilitate flight of himself or any other person upon the commission of any imprisonable offence

2 - Injures
3 - Any person

Question 3

Explain intent plus the 2 case laws?

Answer 3

Intent
- There are 2 specific types of intention in an offence. First there must be an intent to commit an act. Second an intent to get a specific result

R v Taisalika
- The nature of the blow an the gash which it produced on the victims head would point strongly to the presence of the necessary intent

R v Tihi
- 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

Question 4

Explain

a- With intent to commit or facilitate the commission of any imprisonable offence

Answer 4

a- Facilitate the commission
To make possible or to make easy or easier

R v Sturm
Under s191(1)(a) it is not necessary for the prosecution to prove the intended crime was committed

Question 5

Explain

b- with intent to avoid detection of himself or any other person in the commission of an imprisonable offence

Answer 5

Avoid detection
- During the commission of an imprisonable offence where the offender causes the specfied harm to prevent being caught in the act

Question 6

Explain
c- With intent to avoid arrest or facilitate flight of himself or any other person upon the commission of any imprisonable offence

Answer 6

Facilitate flight
- To make possible or to make easy or easier. The specified harm is caused to enable the offender to more easily to effect their escape or to prevent their capture after the commission or attempted offence

Question 7

Explain what an imprisonable offence is?

Answer 7

S5 - CPA 11
- Imprisonable offence means punishable by imprisonment for life or by a term of imprisonment

R v Wati
- There must be proof of the commission or attempted commission of a crime by the person committing the assault or by the person whore arrest or flight he intends to avoid or facilitate

Question 8

Explain injure

Answer 8

Injure- S2 CA61
- Means to cause actual bodily harm

R v Donovan
- Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must no doubt be more than merely transitory or trifling.

Question 9

Person

Answer 9

Gender neutral proven by judicial notice or circumstantial evidence