Aggravated Assault S192(1)(b) CA61

Question 1

What are the elements to S192(1)(b) CA61

Answer 1

• Assaults
• Any other person
• With intent to
• Avoid detection of himself or of any other person in the commission or attempted commission of any imprisonable offence

Question 2

Define Assault S2 CA61

Answer 2

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

Question 3

Define Person S2 CA61

Answer 3

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.

Question 4

Define Intent

Answer 4

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

Question 5

R v Collister

Answer 5

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

Question 6

R v Taisalika

Answer 6

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

Question 7

Define the two-fold test for intent regarding Aggravated wounding or injury

Answer 7

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

Question 8

Define Avoid Detection

Answer 8

Where the offender causes the specified harm to prevent himself or another person from being “Caught in the act”

Question 9

R v Wati

Answer 9

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 10

Define Imprisonable Offence

Answer 10

Any offence which is punishable by a term of imprisonment

Question 11

R v Tihi

Answer 11

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