Flashcards in Aggravated Assault Deck (15):
Sec 193 (1)(a)(b)(c) Crimes Act 1961
3 years imprisonment
1) With Intent:
a) to commit or facilitate the commission of any imprisonable offence.
b) to avoid detection of himself or any other person in the commission of any imprisonable offence.
c) to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence.
3) Any person.
Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
R v Mohan
A decision to bring about, in so far as it lies within the accused's power, the commission of the offence.
R v Waaka
A fleeting or passing thought is not sufficient. There must be a firm intent or firm purpose to effect an act.
R v Tihi
In addition to the specific intents outlined in paragraphs (a), (b) or (c), it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it.
To do, perform or perpetrate.
To make possible or to make easy or easier.
b) Avoid Detection
Offender causes the specified harm to prevent himself or another person from being caught in the act.
c) Avoid arrest
Acts done by offenders to avoid their own or others arrest.
help escape after the commission of a crime or attempted crime.
An Imprisonable Offence
Normal meaning - any offence punishable by a term of imprisonment.
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.
R v Sturm
Under section 191(1)(a), it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.
Assaults - Sec 2 Crimes Act 1961
Assault means the act of applying or attempting to apply force to the person of another, directly or indirectly or threatening by any act or gesture to apply such force to the person of another, if the person making the threats has or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.