Assault Flashcards by Adrian Keene

List relevant concepts of Assault…

Recklessness
Criminal Liability
Temporal Coincidence
Mens rea and actus reus
Legal defences to assault

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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.

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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

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What is section 61 of the Crimes Act 1900 (NSW)?

Crimes Act 1900 (NSW), Section 61

Common assault prosecuted by indictment

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What are the elements of “Common assault prosecuted by indictment”

The accused
Assaulted
A person

To establish this element, it must also accommodate consideration of the following sub-categories:
Intentionally or recklessly
Without consent (R v Bonora (1994) NSWSC)
Without lawful excuse

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What is Section 60 of the Crimes Act 1900 (NSW)?

Assault and other actions against police officers

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What is Section 59 of the Crimes Act 1900 (NSW)

Crimes Act 1900 (NSW), Section 59

Assault occasioning actual bodily harm

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What are the elements of “Assault occasioning actual bodily harm”?

(Section 59, Crimes Act 1900 (NSW))

The accused
Assaulted
A person
Occasioning actual bodily harm

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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.

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What is section 35 of the Crimes Act 1900 (NSW) ?

(Crimes Act 1900 (NSW), Section 35)

Reckless grievous bodily harm or wounding

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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.

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What is section 33 of the Crimes Act 1900 (NSW)?

(Crimes Act 1900 (NSW), Section 33)

Wounding or grievous bodily harm with intent

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What is the definition of Wound?

Defined at common law, wounding involves the breaking of the skin (dermis).

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.

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What is Section 37 of the Crimes Act 1900 (NSW)?

(Crimes Act 1900 (NSW), Section 37)

Choking, suffocation and strangulation

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What is Section 418 of the Crimes Act 1900 (NSW)?

(Crimes Act 1900 (NSW), Section 418)

Self-defence-when available

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What is Section 61AA of the Crimes Act 1900 (NSW)?

(Crimes Act 1900 (NSW),
Section 61AA)

Defence of lawful correction

defence against a charge that a parent or a person in the place of a parent has assaulted a child.

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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.

INTENT TO ASSAULT THEM

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Explain the Actus reus of Assault.

The unlawful contact or the act creating apprehension of such an unlawful contact.

What are the legal defences for assault?

List 5

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 1988 (NSW)

Summary offences Act 1988 (NSW), Section 11A

Violent disorder

What is section 93C of the Crimes Act 1900 (NSW)

Crimes Act 1900 (NSW), Section 93C

Affray

What is section 93B of the Crimes Act 1900 (NSW)

Crimes Act 1900 (NSW), Section 93B

Riot

Explain “Violent Disorder”

3 or more (conduct taken together)
Use or threaten violence (incl. words alone)
Towards persons or property

Explain “Affray”

1 person or more
Use or threaten violence (Must be more than just words)
Must be towards another person (Not property)

Explain "Riot"

- 12 or more - Defendant (accused) must use violence Common purpose, towards person or property

What does Criminal Complicity Mean?

Where two or more people are involved in 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 1900 (NSW)?

Sexual act

Elements for Crimes Act 1900 (NSW), Section 61KE Sexual act

- 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 1900 (NSW)?

Aggravated sexual act

Elements for Crimes Act 1900 (NSW), Section 61KF Aggravated sexual act (7)

- 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 1900

Aggravated sexual touching

Elements for Crimes Act 1900 (NSW), Section 61KD Aggravated sexual touching? (5)

- 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?

1. Victim care | 2. Crimes scene preservation

What are the four major types of child abuse?

1. Physical 2. Sexual 3. Psychological/ Emotional 4. Neglect

One way to remember your first response duties is to use the acronym: DR E ALPINE What does this stand for?

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

What are the differing types of child abuse and/or neglect?

- Physical - Sexual - Psychological / Emotional - Neglect

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.