Violence - Aggravated Assault

Question 1

S192(1) Crimes Act 1961 - Aggravated Assault

What are the Ingredients?

What is the penalty?

Answer 1

Answer
- With intent

• (a) To commit or facilitate the commission
  of any imprisonable offence OR
• (b) To avoid the detection of himself or any
  other person in the commission of any
  imprisonable offence OR
• (c) To avoid the arrest or facilitate flight of
  himself or of any other person upon the
  commission or attempted commission
  of any imprisonable offence-
• Assaults any person

Answer:
Max 3 years imprisonment

Question 2

For an offence of Aggravated Assault under s192(1) What must the offender do?

Answer 2

Answer:

Assault the victim with one of the specified intents

Question 3

For a conviction of Aggravated Assault under s192(1)

What elements will you need to prove?

Answer 3

Answer:
You will need to prove the elements of;

ASSAULT
- Intention to apply or directly apply force
- application or attempted application of force, whether
directly or indirectly OR
- threat to apply force in circumstances where the
victim believes the offender will be able to carry out
the threat.

INTENT
- Prove the offender intended, at the time of the assault
to commit an imprisonable offence OR
- help commit an imprisonable offence OR
- avoid detection, arrest or facilitate their flight or another’s
flight after committing or attempting to commit an imprisonable offence

Question 4

For a conviction of Aggravated Assault under s192(2)

What elements will you need to prove?

Answer 4

Answer:
The offender must assault a constable or person aiding a constable or any person acting in the lawful execution of any process with intent.
and prove all the elements of

ASSAULT
- Intention to apply or directly apply force
- application or attempted application of force, whether
directly or indirectly OR
- threat to apply force in circumstances where the
victim believes the offender will be able to carry out
the threat.

INTENT
- Prove the offender intended, at the time of the assault
to obstruct the constable , person coming to their aid,
or anyone executing a lawful process

Question 5

Is there a defence to charge under s192(2) - Aggravated Assault on Police?

What case law did it relate to?

What were the circumstances in that case law?

Answer 5

Answer: Yes.
Section 48, defence of another

Answer:
R v Christensen

Answer:
The accused, when interfering with an arrest by a constable, held a honest belief that the constable was using excessive force takes a constable outside the scope of their lawful duty.

Question 6

What are the elements of s192(2) CA 1961 - Aggravated Assault on Police?

Answer 6

Answer:
1. Assaults

2. Any constable ORperson acting in aid of any constable ORAny person in the lawful execution of any process
3. With Intent to obstruct the person so assaulted in
   the execution of their duty.

Question 7

What are the ingredients for s10 Summary Offences Act- 1981? - Assault on Police, Traffic Officer or Prison Officer.

Answer 7

Answer:
1. Assaults

2. Any Police Constable OR Traffic Officer OR
   Prison Officer
3. Acting in the execution of his/her duty.

Question 8

What are the 2 intents for s10 Summary Offences Act 1981 - Assault on Police Officer, Prison Officer or Traffic Officer?

Answer 8

Answer:

• the intent to assault
• the intent to obstruct in the execution of their duty