Assault Flashcards
This Deck covers what you need to know for the Assault module, elements & legislation that you are required to know for the exams.
List relevant concepts of Assault
Relevant concepts of Assault
- Recklessness
- Criminal Liability
- Temporal Coincidence
- Mens rea and actus reus
- Legal defences to assault
Define Assault
Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence.
It is not necessary for actual physical harm to be inflicted.
Assaults can include
- Advance towards someone with a clenched fist (threats)
- Using a dog as a weapon
- Non-consenting kiss
- Spitting on a person
- Striking a horse causing the rider to fall
- Pointing an unloaded/loaded firearm or toy pistol
(if the victim believes it to be a pistol/taser) - An unlawful arrest
- Excessive force
What is section 61 of the Crimes Act?
List elements
Crimes Act, Section 61
Common assault
Elements
- The accused
- Assaulted
- A person
To establish this element, it must also accommodate consideration of the following sub-categories:
- Intentionally or recklessly
- Without consent
- Without lawful excuse
What is Section 60 of the Crimes Act
Crimes Act, Section 60
Assault and Other Actions Against Police
What is Section 59 of the Crimes Act?
List elements
Crimes Act, Section 59
Assault occasioning actual bodily harm
Elements
- The accused
- Assaulted
- A person
- Occasioning actual bodily harm
What is the definition of actual bodily harm?
Includes any hurt or injury calculated to interfere with the health or comfort of the victim.
Such hurt need not be permanent but must be more than merely TRANSIENT and TRIFLING, for example, scratches and bruises.
What is section 35 of the Crimes Act?
Crimes Act, Section 35
RECKLESS grievous bodily harm or wounding
Explain “Reckless”
An injury is caused recklessly if the accused foresaw the possibility of causing actual bodily harm to the victim by his or her actions yet he or she went ahead and acted as he or she did.
What is section 33 of the Crimes Act?
Crimes Act, Section 33
Wounding or grievous bodily harm with INTENT
What is the definition of Wound?
Defined at common law, wounding involves the breaking of the skin.
It is an injury in which the skin, tissue, or an organ is broken by some external force such as a blow or incision or deep laceration, with damage to the underlying tissue.
What is Section 37 of the Crimes Act?
Crimes Act, Section 37
Choking, suffocation and strangulation
What is Section 418 of the Crimes Act?
Crimes Act, Section 418
Self-defence when available
What is Section 61AA of the Crimes Act?
Crimes Act, Section 61AA
Defence of lawful correction
- It is a defence that the force was applied for the purpose of the punishment of the child. Force must be reasonable.
Explain the Mens rea of Assault.
The INTENTION to effect an unlawful contact or to create an apprehension of imminent unlawful contact in the mind of the other person.
Explain the Actus reus of Assault.
The unlawful CONTACT or the ACT creating apprehension of such an unlawful contact.
What are legal defences for assault?
- Self-defence
- Accidental use of physical force
- When consented to, for example, sports
- Medical procedures
- Defence of Lawful Correction
- Defence of family
- Defence of home or property
- Lawful arrest or execution of process
What is Section 11A of the Summary offences Act?
Explain it.
Summary offences Act, Section 11A
VIOLENT DISORDER
- 3 or more (conduct taken together)
- Use or threaten violence (incl. words alone)
- Towards persons or property
What is section 93C of the Crimes Act?
Explain it.
Crimes Act, Section 93C
AFFRAY
- 1 or more persons
- Used or threatened violence
- Towards another person
- Causing fear to a person of reasonable firmness
What is section 93B of the Crimes Act?
Explain it.
Crimes Act, Section 93B
RIOT
- 12 or more
- Defendant must use violence
- Common purpose, towards person or property
What does Criminal Complicity Mean?
Where two or more people are involved in a Criminal Act.
What is common purpose?
Common Purpose = the Agreement
What is Acting in concert?
Agreement to commit the crime together (Common Purpose) now becomes the doing of the crime together (Acting in concert).
What does wilfully mean?
Wilfully means that the act is done deliberately and intentionally, not by accident,
Obscenely means?
Obscenely means offensive to modesty or decency.
What is Section 61KE of the Crimes Act?
List elements.
Crimes Act, Section 61KE
SEXUAL ACT
Elements
- The offender
- Knowing the victim does not consent
- intentionally
- Carried out a sexual act
- Towards the victim/s
What is Section 61KF of the Crimes Act?
List elements.
Crimes Act, Section 61KF
AGGRAVATED SEXUAL ACT
Elements
- The accused
- Without consent of the alleged victim
- knowing the victim does not consent
- Intentionally
- Carried out a sexual act
- Towards the victims
- In circumstances of aggravation
What is Section 61KD of the Crimes Act?
List elements.
AGGRAVATED SEXUAL TOUCHING
Elements
- The accused
- Sexually touches the victim
- Without the consent of the alleged victim
- Knowing the victim does not consent
- In circumstances of aggravation
What your main duty when someone presents as a sexual assault victim?
Two main duties
- Victim care
- Crimes scene preservation
What are the four major types of child abuse?
Four major types of child abuse
- Physical
- Sexual
- Psychological/ Emotional
- Neglect
One way to remember your first response duties is to use the acronym:
(DR E ALPINE)
What does this stand for?
(DR E ALPINE)
D - Duty Officer and supervisor to be notified
R - Respectful and supportive of the victim
E - Ensure the victim’s immediate safety
A - Assess and attend to urgent medical needs
including Sexual Assault Investigation Kit (SAIK) and/or Early Evidence Kit (EEK)
L- Liaise with criminal investigation staff
P - Privacy of the victim
I - Identify and secure any primary/secondary crime scene and/or other forensic evidence
N - Notebook entry
E - Encourage the victim not to change
Why may child abuse and / or neglect occur?
- Socially and/ or geographically
- Differing cultural perspectives
- Lack of sufficient parenting skills
- Mental health and physical health issues
- Parent or carer deliberately harms a child or young person
- History of violence, including domestic violence
- Direct contact with previous offenders of child abuse or neglect
define physical abuse of a child.
Non-accidental injury or pattern of injury
Explain “Risk of significant harm” (ROSH)
When the safety, welfare or well-being of a child is not being threatened or compromised but concerns exist.
Explain “Immediate Risk of significant harm” (IROSH)
Likely to happen soon, threatening or close at hand and the safety welfare or well-being of the child is at significant risk.
