Aggravated Assault Flashcards
Name Act Section Punishment for Aggravated Assault
Crimes Act 1961 Section 192 3 years
For an Aggravated Assault offence under section 192(1) the offender must …
Assault the victim with intent
What are the elements of assault?
The intention to apply force or attempt to apply force to another
Applications 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
For an Aggravated Assault conviction you must prove the elements of assault and what?
Prove the offender intended at the time of the assault to commit and imprisonable offence or held commit an imprisonable offence or avoid detection or arrest or facilitate their flight or another’s flight after committing an imprisonable offence.
For the offence of Aggravated Assault under Section 192(2) the offender must what?
Assault a constable or person aiding a constable or any person acting in the lawful execution of any process with intent.
You must prove all elements of assault and that the offender intended at the time of the assault to obstruct the constable, person coming to their aid or anyone executing a lawful process
Section 192(1) states:
Everyone who assaults any other person with intent
A - To commit or facilitate the commission of any imprisonable offence or
B - To avoid the detection of himself or of any other person in the commission of any imprisonable offence
C- To avoid the arrest of facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.
Section 192(2) states?
Everyone who assaults any constable or any person acting in aid of any constable or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his duty.
