Serious Assaults - Aggravated assault

Question 1

What needs to be proven for 192(1)?

Answer 1

• Intention to apply or attempt to apply force
• application or attempted application of force, whether directly or indirectly
• threat to aply force in circumstances where the victim believes the offender wil be able to carry out the threat
• The offender intended at the time of the assault to commit, help commit or avoid detection or facilitate flight of themselves or any other person after committing any imprisonable offence.

Question 2

What needs to be proven for 192(2)?

Answer 2

• Intention to apply or attempt to apply force
• application or attempted application of force, whether directly or indirectly
• threat to aply force in circumstances where the victim believes the offender wil be able to carry out the threat
• at the time of the assault the offender intended to obstruct the constable, person aiding the constable or any other person acting in the lawful execution of any process