Aggravated Assault

Question 1

Aggravated Assault Liability

Answer 1

s192(1)(a)(b)(c)

(1) with intent -
- (a) to facilitate the commission of an imprisonable offence
- (b) to avoid the detection of himself or any other person upon the commission or attempted commission of an imprisonable offence
- (c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission of any imprisonable offence

assaults

any person

Question 2

R v Tihi

Answer 2

In addition to the specific intents outlined in paragraphs (a) (b) (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 the risk of suffering it

Question 3

Commit or facilitate definition

Answer 3

to do, perform, perpetrate

to make possible or easier

Question 4

R v Wati

Answer 4

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 of flight he intends to avoid or facilitate

Question 5

R v Sturm

Answer 5

Under 191(1)(a), it is not necessary for the prosecution to prove the intended crime was actually subsequently committed

Question 6

Assaults definition

Answer 6

Assault means the act of applying or attempting to apply force to the person of another, either directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threats has, or causes the other to believe on reasonable grounds that he has, the present ability to effect his purpose