Aggravated Assault

Question 1

Aggravated assault - Act/Section/Penalty

Answer 1

CA61; S192(1)(a)(b)(c); 3 years imprisonment

Question 2

Aggravated assault S192(1) - Elements

Answer 2

1.

(a) With intent to commit or facilitate the commission of any imprisonable offence; or
(b) With intent to avoid the detection of himself or of any other person in the commission or attempted commission of any imprisonable offence; or
(c) With intent to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
2. Assaults
3. Any other person

Question 3

Assault - CA61; S2

Answer 3

The act of applying or attempting to apply force to the person of another, 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.

Question 4

Assault Elements

Answer 4

• Intention to apply or attempt to apply force to another
• Application or attempted application of force, whether directly or indirectly; or
• Threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat.

Question 5

Intent

Answer 5

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 6

R v Collister

Answer 6

Circumstantial evidence from which an offender’s intent may be inferred can include:

• The offender’s actions and words said before, during, and after the event
• The surrounding circumstances
• The nature of the act itself

Question 7

R v Tihi

Answer 7

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 8

R v Tihi - the two-fold test

Answer 8

The prosecution must satisfy a ‘two-fold’ test for intent:

1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b), or (c), and
2. He or she intended to cause the specified harm, or was reckless as to that risk.

Question 9

Cameron v R

Answer 9

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Question 10

R v Tipple

Answer 10

Recklessness requires that the defendant know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk.

Question 11

Commit or facilitate the commission of any imprisonable offence

Answer 11

Commit: to do, perform or perpetrate.

Facilitate: to make possible or to make easy or easier.

Under 191(1)(a) the offender intentionally or recklessly causes the specified harm in order to make it easier to commit the intended imprisonable offence.

Provided he has the necessary intent at the time he causes the harm, it is immaterial whether he actually commits the intended offence or not.

Question 12

Avoid Detection

Answer 12

The offender causes the specified harm to prevent himself or another person from being “caught in the act”.

Question 13

Avoid arrest or facilitate flight

Answer 13

The specified harm is caused to enable the offender or offenders to more easily make their escape, or to prevent their capture.

It must be proved that an imprisonable offence was actually committed or attempted before a person can be convicted of aggravated wounding while escaping after it.

Question 14

Imprisonable offence

Answer 14

CPA11; S5
Normal meaning - any offence punishable by a term of imprisonment.

Question 15

R v Wati

Answer 15

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 16

Any person

Answer 16

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 17

Aggravated assault - S192(2):

Elements

Answer 17

Assault - Need to prove all the elements of assault

Intent - Need to prove the offender intended, at the time of the assault, to obstruct the constable, person coming to their aid, or anyone executing a lawful process.

Question 18

What definitions and/or case laws should be included in your discussion of the liability of

• S192(1) - aggravated assault
• 192(2) - aggravated assault on a Constable etc

Answer 18

Definition of intent: R v Collister; 2 specific types of intent; R v Tihi

Definition of assault: intention to apply or attempt to apply force to another; application or attempted application of force, whether directly or indirectly; or threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat.

Definition of commit/facilitate: commit - to do, perform, or perpetrate; facilitate - to make possible or to make easy or easier

Definition of imprisonable offence: any offence punishable by a term of imprisonment

Definition of avoid detection: the offender causes the specified harm in order to prevent himself or another person from being “caught in the act”.

Definition of facilitate the flight: R v Wati; the specified harm is caused to enable the offender or offenders to more easily make their escape or to prevent their capture.

Definition of Constable: S4 Policing Act 2008

Question 19

Aggravated assault of a constable etc S192(2) - Elements

Answer 19

1. Assaults any constable or any person acting in the aid of any constable, or any person in the lawful execution of any process,
2. With intent to obstruct the person so assaulted in the execution of his duty.