Aggravated Assault S192(2) CA61 Flashcards
What are the elements to S192(2) CA61
- Assaults
- Any Constable/Any person acting in the aid of any Constable/Any person in the lawful execution of any process
- With intent to
- Obstruct the person so assaulted in the execution of his duty
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 Constable S4 Police Act 2008
Constable means a Police employee who
- Holds the office of constable
- Includes a constable who holds any level of position within the NZ police
Define “Acting in the course of duty”
In general terms they include protecting life and property, preventing, and detecting crime, apprehending offenders an keeping the peace. Includes act done, where the circumstances create a professional obligation to exercise policing duties while off duty.
Note: An officer acting unlawfully such as excess force or trespassing cant be said to be acting in the course of his/her duty.
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 Intent in regard to Aggravated assault S192(2) CA61
Further required to prove the offender intended, at the time of the assault, to obstruct the constable/person acting in the aid of any constable/any person in the lawful execution of any process
