*Aggravated Wounding - s191(1)(a)(b) & (c) Flashcards
Section & Penalty
- Aggravated wounding
- s191(1)(a) or (b) or (c) Crimes Act 1961
- 14yrs
Elements
- Aggravated wounding
- (a) With Intent to commit or facilitate the commission of any imprisonable offence
OR - (b) With intent to avoid the detection of himself or any other person in the commission of any imprisonable offence
OR - (c) With intent to avoid arrest or facilitate the 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.
Two-fold test for intent
- TIHI
The prosecution must satisfy a two-fold test for intent.
- Intent to facilitate the COAIO
- Intent to cause the specified harm or being reckless to that risk.
*TIHI
- Specified Harm
In addition to the specific intents outlined in (a) (b) or (c),
- “It must be shown that the offender either meant to cause the specified harm, or foresaw that his actions were likely to expose others to the risk of suffering it.”
Commit OR Facilitate
- (a)
To make possible or to make easier.
Avoid detection
- (b)
The offender causes the specified harm to prevent himself or any other person from being caught in the act.
Avoid arrest OR Facilitate flight
- (c)
The specified harm is caused to enable the offenders to more easily make their escape, or to prevent their capture, after an imprisonable offence has been committed.
WATI
- Proof
There must be proof of the 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.
Imprisonable offence
Any offence punishable by a term of imprisonment.
Wounds
- WATERS
A wound involves the breaking of the skin and the flowing of blood, either externally or internally.
Maims
Involves mutilating, crippling or disabling a part of the body as to deprive the victim of the use of a limb or of the senses.
Disfigures
To deform or deface, to mar or alter the figure or appearance of a person.
Grievous Bodily Harm
GBH can be defined as “harm that is really serious.”
Stupefies
- STRUM
To cause an effect on the mind or nervous system of a person, which seriously interferes with their mental or physical ability to act in a way which might hinder an intended crime.
Render unconscious
To cause the victim to lose consciousness.
