Aggravated Wounding

Question 1

Section and penalty

Answer 1

191(1)(a) or (b) or (c) CA61

14 years imp

Question 2

Ingredients

Answer 2

- (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 any 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 any person
OR
Maims any person
OR
Disfigures any person
OR
Causes GBH to any person
OR
Stupefies any person
OR
Renders unconscious any person
OR
By any violent means, renders any person incapable of resistance.

Question 3

Intent

Answer 3

There are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

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

R v Tihi

Answer 5

(Two-fold test for intent)

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

a) Commit
Or
Facilitate

Answer 6

In order to make it possible or easier to commit the intended imprisonable offence.

Question 7

b) Avoid Detection

Answer 7

To prevent himself or another person from being caught in the act.

Eg. Knock security guard unconscious

Question 8

c) Avoid arrest Or Facilitate Flight

Answer 8

To enable the offender or offenders to more easily make their escape or to prevent their capture.
R v Wati

Question 9

R v Wati

Answer 9

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 10

An Imprisonable Offence

Answer 10

Any offence punishable by a term of imprisonment

Question 11

R v Waters

Wound

Answer 11

A breaking in the skin would 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 will be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

Question 12

Maims

Answer 12

Will involve mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses. There need to be some degree of permanence.

Question 13

Disfigures

Answer 13

To deform or deface, 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

Grievous Bodily Harm

Answer 15

GBH can be defined as harm that is really serious.

Question 16

DPP v Smith

Answer 16

Bodily harm needs no explanation and Grievous means no more and no less than really serious.

Question 17

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 a way which might hinder an intended crime.

Question 18

Render Unconscious

Answer 18

Must cause the victim to lose consciousness.

Blow to head, strangle or noxious substance

Question 19

By any violent means renders incapable of resistance

Answer 19

Includes the application of force that physically incapacitates a person.

Tying the victim’s hands and feet or inflicting debilitating injuries, can include threats in some circumstances

Question 20

R Crossan

Resistance

Answer 20

Incapable of resistance includes powerlessness of the will as well as a physical incapacity.

Question 21

Agg Wounding liability

Answer 21

with intent to 
- intent meaning
- R v Taisalika
- R v Tihi
commit or facilitate the commission of any imprisonable offence
- facilitate the commission meaning
- R v Sturm
OR avoid detection of himself or any other person in the commission of any imprisonable offence. 
- Avoid detection meaning
OR avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Facilitate flight meaning
- Imprisonable offence
- R v Wati
Wounds
- R v Waters
OR Maims
- meaning
OR Disfigures
- meaning
- R v Rapana and Murray
OR Causes GBH
- GBH meaning
- DPP v Smith
OR Stupefies
- R v Sturm
OR Renders unconscious 
- Unconscious meaning
OR by any violent means renders any person incapable of resistance
- violent mean meaning
- R v Crossan
Any person
- Person meaning

Question 22

Any Person

Answer 22

Gender neutral. Proven by judicial notice or circumstantial evidence.