Aggravated Assault

Question 1

Section

Answer 1

Sec 192(1)(a)(b)(c) Crimes Act 1961

Question 2

Penalty

Answer 2

3 years imprisonment

Question 3

Ingredients

Answer 3

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

Question 4

Intent

Answer 4

There are two specific types of intention an offence, firstly an intention to commit the act and secondly an intention to get a specific result.

Question 5

R v Tihi

Answer 5

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 6

a) Commit
Or
Facilitate

Answer 6

To do, perform or perpetrate.
Or
To make possible or to make easy or easier.

Question 7

b) Avoid Detection

Answer 7

Offender causes the specified harm to prevent himself or another person from being caught in the act.

Question 8

c) Avoid arrest
Or
Facilitate Flight

Answer 8

Acts done by offenders to avoid their own or others arrest.
Or
help escape after the commission of a crime or attempted crime.

Question 9

An Imprisonable Offence

Answer 9

S5 CPA 11

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

Question 10

R v Wati

Answer 10

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 11

R v Sturm

Answer 11

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

Question 12

Assaults - Sec 2 Crimes Act 1961

Answer 12

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 13

Any person

Answer 13

Gender neutral. Proven by judicial notice or circumstantial evidence.