Aggravated Assault

Question 1

What is the section and penalty for Aggravated Assault?

Answer 1

Section 192(1) (a)(b)(c ) 3 years

Section 192(2) 3 years (assaults a Constable)

Question 2

What are the elements for section 192(1)?

Answer 2

Who assaults anyone with the intent:
(a) to commit or facilitate the commission of any
imprisonable offence OR
(b) to avoid detection of himself or herself or any other
person in the commission of any offence OR
(c) to avoid the arrest OR flight of himself or the arrest or
flight of another in the commission or attempted
commission of any imprisonable offence.

Question 3

What is assault?

Answer 3

Section 2 - CA 1961

Means to intentionally apply or attempt to apply force to a person of another, indirectly or directly, or threatens by any gesture to apply force to a person of another.

Question 4

What elements must be proven for assault?

Answer 4

1 - the intention to apply or attempt to apply force t

2 - application or attempted application of force, whether directly or indirectly

3 - threat to apply force in circumstances where the victim believes the offender will be able to carry out the threat.

Question 5

What must also be proven for Aggravated Assault?

Answer 5

That the assault at the time was intended to be applied to achieve the intents outlined in (a)(b)(c)

Question 6

What are the elements for 192(2)?

Constable

Answer 6

1 - Assaults
2 - a Constable OR any person acting in aid of any
Constable or any person in the lawful execution of
any process
3 - With INTENT to obstruct the person so assaulted in
the execution of his duty.