Aggravated Assault

Question 1

Section

Answer 1

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

Question 2

Ingredients

Answer 2

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 3

Intent

Answer 3

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 4

R v Tihi

Answer 4

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 5

a) Commit
Or
Facilitate

Answer 5

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

Question 6

b) Avoid Detection

Answer 6

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

Question 7

c) Avoid arrest
Or
Facilitate Flight

Answer 7

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

Question 8

An Imprisonable Offence

Answer 8

S5 CPA 11

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

Question 9

R v Wati

Answer 9

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 10

Assaults - Sec 2 Crimes Act 1961

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.

Question 12

Section 192(2)

Answer 12

Assaults a constable or person aiding a constable or any person acting in the lawful execution of any process with intent.

Prove assault and intent

Question 13

Agg Assault liability

Answer 13

with intent to 
- intent meaning
- R v Taisalika
- R v Tihi
commit or facilitate the commission of any imprisonable offence
- facilitate the commission meaning
OR avoid detection of himself or any other person in the commission of any imprisonable offence. 
- Avoid detection meaning
OR avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Facilitate flight meaning
- Imprisonable offence
- R v Wati
Assault
- Assault meaning
Any person
- Person meaning