AGGRAVATED ASSAULT

Question 1

Act, Section, Penalty

Elements

Answer 1

S192(1)(a) or (b) or (c) CA 1961 - 3yrs

Question 2

Intent

Answer 2

In a criminal law context, there are two specific types of intention in an offence. Intent to commit and intention to get a specific result.
Result is an aim, object or purpose.

The onus is generally on the prosecution in terms of proving the offenders intent beyond reasonable doubt.

While an offenders admissible are good evidence, it is good practice to support these with circumstantial evidence.

Circumstantial evidence to which the offenders intent can be inferred can include:

• the offenders actions and words, before, during and after the event.
• surrounding circumstances
• the nature of the act itself.

Question 3

Two fold test - Case Law

Answer 3

Tihi
In addition to one of the specific intents outlined in paragraph A,B or C it must be shown that the offender either want 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 4

A) Commit or Facilitate…

Answer 4

To make possible or to make easy or easier

Question 5

b) Avoid Detention

Answer 5

Causes specified harm to prevent himself or another from being caught in the act

Question 6

C) Avoid arrest or Facilitate Flight

Answer 6

Acts done by offenders to avoid their own or others arrest.

or help escape after the commission of a crime or attempted crime.

Question 7

Imprisonable Offence

Answer 7

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

Question 8

Proof of crime - Case Law

Answer 8

Wati
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 9

Prosecution Proof - Case Law

Answer 9

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

Question 10

Assault

Answer 10

Assault means 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 11

Any person

Answer 11

Gender neutral. Proven by judicial notice or circumstantial evidence.