Aggravated Assault S192(1)(a) CA61 Flashcards
What are the elements to Aggravated Assault S 192(1)(a) CA61
- Assaults
- Any other person
- With intent to
- Commit or facilitate the commission of any imprisonable offence
Define Assault S2 CA61
Assault S2 CA 61 – Means the act of intentionally applying force or attempting to apply force, directly or indirectly, or threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat
Define Person S2 CA61
This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant.
Define Intent
There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PRUPOSE
R v Collister
Circumstantial evidence of the offender’s intent may be inferred by:
- The offender’s actions and words before, during and after the event
- Surrounding circumstances
- The nature of the act itself
R v Taisalika
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent
Define the two-fold test for intent regarding Aggravated wounding or injury
1) The defendant intended to facilitate the commission of an imprisonable offence or one of the other intents specified in (a) – (c)
2) He/she intended to cause the specific harm, or was reckless as to that risk
Define Facilitate
To facilitate means to make possible or make easy or easier
R v Wati
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
Define Imprisonable Offence
Any offence which is punishable by a term of imprisonment
R v Tihi
In addition to one of the specific intents outlined in paragraphs (a)-(c) It must be shown that the offender meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it