Aggravated wounding Flashcards Preview

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Flashcards in Aggravated wounding Deck (11)
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1
Q

What is the act, section and penalty for agg wounding?

A

S191(1) (a) or (b) or (c) CA61

14 yrs

2
Q

What are the 2 elements

A

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

b- with intent to avoid detection in the commission of an imprisonable offence

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

2:
Wounds or 
mains or 
disfigure or 
causes GBH or 
Stupefies any person or 
Renders unconscious any person or 
By violent means renders any person incapable of resistance
3
Q

Explain intent plus the 2 case law for this offence

A

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 meant to cause the specific harm or foresaw the actions undertaken were likely to expose others to risk.

4
Q

Explain

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

A

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

R v Sturm
-It is not necessary for the prosecution to prove the intended crime was committed

5
Q

Explain

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

A

Avoid detection

- During the commission of an imprisonable offence specfied harm is caused to prevent being caught in the act

6
Q

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

A

Facilitate flight
- To make possible or easier. The specific harm is caused to enable the offender to more easily effect their escape or prevent their capture.

7
Q

Explain what an imprisonable offence is?

A

S5 - CPA 11
- Imprisonable offence means an offence punishable by a term of imprisonment or life imprison.

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 who’s arrest or flight he intends to avoid or facilitate

8
Q

Explain wounds, maims, disfigures and GBH

A

Wound - R v Waters
- A breaking of the skin will be normally evidenced by the flow of blood and at the site of a blow or impact. the would will more often than not be external. But there are cases where the bleeding which evidence the separation of tissues may be internal

Maims
- Means mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the sense. Needs to be some degree of permanence.

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

R v Rapana and Murray
The word disfigures covers not only permanent damage but also temporary damage

GBH
- GBH can be defined simply as harm that is really serious

DDP v Smith
- Bodily harm needs no explanation and grevious means no more or no less than really serious

9
Q

Explain Stupefies

A

Stupefies - R v Sturm
- Means to cause an effect on the mind or nervous system which interferes with that persons mental or physical ability to act in a manner that might hinder an intended crime.

10
Q

Explain Renders unconscious?

A

Renders unconscious

- To render a person unconscious the offenders actions must cause the victim to lose consciousness

11
Q

Explain any violent means plus the case law

A

Violent means
- Includes the application of force that physically incapacitates a person

R v Crossan
- Incapable of resistance includes a powerlessness of the will as well as the physical incapacity

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