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

(Two-fold test for intent)

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

In order to make it possible or easier to commit the intended imprisonable offence.

Question 6

b) Avoid Detection

Answer 6

To prevent himself or another person from being caught in the act.

Eg lookout knocks security guard unconscious

Question 7

c) Avoid arrest
Or
Facilitate Flight

Answer 7

To enable the offender or offenders to more easily make their escape or to prevent their capture.
R v Wati

Question 8

R v Wati

Answer 8

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

An Imprisonable Offence

Answer 9

Any offence punishable by a term of imprisonment.

Question 10

Assault

Answer 10

• intention to apply or attempt to apply force
• application or attempted application of force, directly or indirectly
• threat to apply force in circumstances where the vicim believes the offender will be able to carry out the threat

Question 11

Any person

Answer 11

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 12

Section 192(2)

Answer 12

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.

Prove assault and prove 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