Serious Assaults

Question 1

Proving Intent

Answer 1

• Prior threats
• Evidence of premeditation
• The use of weapons
• Whether any weapons used was opportunistic or purposely brought
• The number of blows
• The degree of force used
• The body parts targeted by the offender (the head)
• The degree of resistance or helplessness of the victim (unconsciousness)

Question 2

Recklessness

Answer 2

• The defendant consciously and deliberately ran a risk. (Subjective test)
• The risk was one that was unreasonable to take in the circumstances as they were known to the defendant. (Objective test)

Question 3

Aggravated Wound/Injure - Intent

Answer 3

• The defendant intended to commit or facilitate intentions outlined in paragraphs (a) or (b) or (c).
• He or she intended to cause the specified harm or was reckless as to that risk.

Question 4

Aggravated Assault

Answer 4

Section 192(1) Crimes Act 1961

Question 5

Aggravated Assault on a Constable or person aiding a Constable

Answer 5

Section 192(2) Crimes Act 1961