ASSAULT Flashcards
Common Assault Elements:
Crimes Act 1900 (NSW), Section 61 1. The accused 2. Assaulted - Intentionally or recklessly - Without Consent - Without lawful excuse 3. A person 2 years imprisonment - Indictable offence.
Assault Occasioning actual bodily:
Crimes Act 1900 (NSW), Section 59 1. The accused 2. Assaulted - Intentionally or recklessly - Without consent - Without lawful excuse 3. A person 4. Occasioning actual bodily harm Shall be liable to imprisonment for five years.
What is 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, bruises, Split lip, bleeding nose.
Reckless Grievous bodily harm elements?
Crimes Act NSW 1900, Section 35 (2)
- The accused
- Causes Grievous Bodily Harm
- A person
- Is reckless in causing ABH.
Wounding or grievous bodily harm with intent elements?
Crimes Act (1900) NSW, Section 33
1. The accused
2. wounds or
3. causes grievous bodily harm.
4. A person
Maximum penalty—Imprisonment for 25 years.
(2) Intent to resist arrest. (Same elements + intent to resist arrest)
Maximum penalty—Imprisonment for 25 years.
Public Disorder Elements:
Summary offences Act, Section 11A: violent disorder
Elements:
- Where 3 or more persons are together or using threatening unlawful violence.
- The conduct of them (Taken together), it would cause the person to fear for his/her safety.
- The act can be against person or property.
Affray Elements:
Crimes Act, Section 93C: Affray
1. 1 or more
2. Used or threatened to use unlawful violence to another person
3. The conduct of the accused was such as would cause a person reasonable firmness person at the scene to fear for his/her safety.
10 years imprisonment.
Riot Elements:
Crimes Act, Sect. 93B: RIOT
- 12 or more
- Defendant must use violence, Common purpose, towards a person or property.
Consent Elements:
Crimes Act, Sect. 61HE: Consent in relation to sexual offences
- The person does not have the CAPACITY to consent because of age of cognitive incapacity
- The person does not have the OPPORTUNITY to consent (unconscious or asleep)
- The person consents to the sexual activity because of THREATS of force or terror
- The person consents to the sexual activity because the person is UNLAWFULLY OBTAINED
Aggravated Sexual Act Elements:
Crimes Act, Sect. 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
List Some circumstances of aggravation?
Teacher Foster parents Legal guardian Minister of religion Employer Youth worker Sports coach Counsellor Health professional Member of the police force acting in the course of his or her duties Employing providing service to a remand centre, youth residential centre
Aggravated Sexual Touching Elements:
Crimes Act, Section 61KD: 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
Children and Young Persons (Care and Protection) Act 1998, Section, 23
(1) a child or young person is at risk of significant harm if current concerns exist for the safety, welfare or well-being of the child or young person because of the presence, to a significant extent, of any one or more of the following circumstances—
a) Psychological or physical needs not being met.
b) Lack of medical care from parents/caregivers.
c) Risk of sexual abuse or physical abuse.
d) DV is occurring at the household and it puts the child at risk.
e) Parent/caregiver behaves in a way that makes the child suffer psychologically.
f) Subject to pre-natal report.
Children and Young Persons (Care and Protection) Act 1998, Section, 43
1) If the Secretary or a police officer is satisfied, on reasonable grounds that child or young person:
a) is at IMMEDIATE of serious harm (a risk of harm that is to a level where there are grave and
critical concerns for the safety, welfare and well-being of the child/YP), and
b) that the making of an apprehended violence order would NOT BE SUFFICIENT TO PROTECT them from that risk, the Secretary or police officer remove the child or young person from the place of risk.
Children and Young Persons (Care and Protection) Act 1998, Section, 27
2) If:
a) a person to whom this section applies has reasonable grounds to suspect that a child is at risk
of significant harm, and
b) Those grounds arise during the course of or from the person’s work,
It is the duty of the person to report, as soon as practicable, a description of the child and the grounds for suspecting that the child is at risk of significant harm. ONLY APPLIES TO A CHILD.
(Do by MRG tool. You will fill out the ROSH/IROSH online and you must make an EVENT on cops).
