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Law 201 > Assault > Flashcards

Assault Flashcards

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1
Q

What are the three forms of assault and where are they codified?

A

Common Assault in Section 196
Aggravated Assault in Sections 192-194, 194A and 2020C
Interpersonal Violence in Sections 188-189

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2
Q

What are the four types of assaults as evidenced in section 196; Common Assault?

A

4 types of common assault

  1. Application of force
  2. Attempted application of force
  3. A threat, in act or gesture, to apply force when the ability to do so is present
  4. A threat, in act or gesture, to apply force to another which causes another to believe on reasonable grounds that force will be applied

Either directly or indirectly

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3
Q

What are the three crimes that manifest out of the 4 types of assault in Section 196?

A

Physical assault or attempted ( Application or attempted application)

Physic (Threat when present or reasonable grounds)

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4
Q

What is defined as force for the purposes of assault?

A

Force is defined as touching of any degree and it need not be violent

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5
Q

What are the mediums by which force can be conducted?

A

Can be conducted through a variety of mediums such as;

Electricity (Kovalev v R)
Spitting (Hugh v NZ Police)

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6
Q

What are the actus reus requirements of common assault?

A

Application of force in a proactive or positive act
To the person of another, hair and clothing
Directly or indirectly, use of any medium

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7
Q

What does Kovalev v R say regarding force?

A

Force can occur through an additional step before it is applied to the victim. Force via extra steps is still assault

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8
Q

What are the mens rea requirements of common assault?

A

Intention to use force - R v Young

Intention to threat and threaten victim - Steinberg v Police

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9
Q

What if another target instead of the intended is hit for the purposes of common assault?

A

Mens rea is transferred to that person however, it does not change the malice of the crime

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10
Q

For a psychic assault, via threat, does the victim have to be aware?

A

Statute says no however reasonable grounds threat, the fourth type, requires awareness by nature

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11
Q

R v Kerr as it relates to awareness?

A

Court ruled that the victim need not be aware.

Axe welding stranger approaches sleeping mum then pulls pants down, held as assault despite her being asleep.

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12
Q

What if the mistaken belief on reasonable grounds for the purposes of a psychic assault?

A

Mistaken belief is fine, this is a subjective standard. Does not matter if the accused had ability in fact or not but what the victim thought reasonably.

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13
Q

Do words constitute a threat and therefore assault for the purposes of a psychic assault?

A

No, must be accompanied by act or gesture however slight.

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14
Q

What are the statutes that govern aggravated assault?

A

Sections 192(1) - Assault with further intent
Sections 192 (2)- Assault on law enforcement officer
Sections 193- Assault with intent to injure
Sections 194- Assault on women and children
Sections 194A- Assault on family members
Sections 202C- Assault with weapons

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15
Q

What provision of the crimes act governs (aggravated) assault with further intent?

A

Section 192(1)

Everyone is liable max 3 years when committing an assault to further intent to commit other crimes, avoid detection or for others, avoid arrest or for others

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16
Q

Do hollow threats constitutes a threat?

A

If a threat does not neutralise itself then it is still an assault

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17
Q

What provision governs (aggravated) assault that results in injury?

A

Section 193

Liable for max 3 years when assault occurs with injury

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18
Q

What provision governs (aggravated) assault on women and children?

A

Section 194

Assault on children under 14 years or male on female is liable for max 2 years

19
Q

What provision governs (aggravated) assault on family members?

A

Section 194A

Anyone who assaults a family member is liable for max 2 years

20
Q

What is defined as family for the purposes of aggravated assault on family members?

A

Section 12 Family Violence Act

  • Spouse
  • Family Member
  • Blood relative sharing same house
  • Had a close personal relationship
21
Q

What provision covers (aggravated) assault on law enforcement officers?

A

Section 192(2)

Liable for max 3 years when assaulting a law enforcement officer or anyone helping them with intent to obstruct their duties

22
Q

What provision covers (aggravated) assault with weapons?

A

Section 202C

Assault on any person with weapon or an intention to use weapon in surrounding liable for max 5 years

23
Q

What are two provisions governing interpersonal violence not based on assault?

A

Section 188 and 189 based on harm

24
Q

What are the two main groups of harm with regards to interpersonal violence?

A

Degree of harm ranging from actual to grievous to death

Technical categories of harm

25
Q

What constitutes bodily harm?

A

Injury to any part of the body and/or its mental capacities - R v Chan Fook

26
Q

Is harm to a foetus bodily harm?

A

A foetus is not a human being in the eyes of the law but is so connected to the mother to constitute being a part of the mother - R v King

27
Q

What are the three technical categories of harm?

A

Wound that break the skin or skinish membrane seen through blood

Maiming that permanently removes body part

Disfigure to deface, deform, mar or alter appearance

28
Q

How does section 188 (wound with intent) manifest degrees and technical categories of harm?

A

14 years for those that wound (or graver), or cause GBH with intent to do so

7 years for both;

for wounding (or graver), or cause GBH but only intended to injure

for wounding (or graver), or cause GBH, with reckless disregard for safety of others

29
Q

How does section 189 (injure with intent) manifest the degrees and technical categories of harm?

A

Lower degree harm than 188

To injure, with intent to do more (GBH)
To injure, with intent to do so
to injure, with reckless disregard for safety of others

10 years for offence resulting in injury but with intent to go further to GBH
5 years for offence resulting in injury, whose intent it was to cause injury or with reckless disregard

30
Q

Where does strangulation stand with regards to interpersonal violence?

A

Section 189A

AC: Blocking nose or mouth, pressure to throat or neck by any means
MR: Intention or recklessness

7 years

31
Q

What is section 190 with regards to interpersonal violence?

A

Degree of injuring would be paramount to manslaughter if death had occurred

3 years

32
Q

What is section 191 with regards to interpersonal violence?

A

Liable for max 14 years anyone who commits a crime, avoid detection and arrest with intent does aforesaid interpersonal crimes

7 years max for mere injury

33
Q

What is section 197 with regards to interpersonal violence?

A

Liable for max 5 years, anyone who stupefies or renders unconscious other people who might hinder their crimes

34
Q

What constitutes stupefaction for s 197?

A

Suppression of the mind or nervous system to lower resistance

35
Q

What is section 201 with regards to interpersonal violence?

A

Liable for max 14 years anyone who wilfully causes or produces disease or sickness in others

36
Q

What are the three defences to assault?

A

Defence of consent
Defence of common intercourse
Defence of domestic discipline

37
Q

Where in the crimes act is the defence of consent located with respects to assault?

A

Common law defence of consent codified in section 20

Knew that victim did not consent or had no reasonable grounds to do so

Mistaken belief is a defence (Lee)

38
Q

What does the case of R v Lee stand for with regards to the defence of consent?

A

R v Lee established 4 tiers of harm and where consent falls

  1. No bodily harm - absolute defence
  2. Actual Bodily harm - absolute except street fighting
  3. Grievous bodily harm - for the trial judge
  4. Death - not available
39
Q

What criteria must the trial judge consider when considering whether consent is a defence on GBH crimes?

A

Personal Autonomy, social utility, seriousness of intended injury or risked, level of risk, rationality of consent and other relevant factors

40
Q

Can the tier system be misapplied for defences of consent?

A

See R v Barker - uncontrolled environment for tattoos

Trial Judge declared the crime to be only bodily harm but said that the defence of consent was not available for policy reasons under GBH. The only permissible withdrawal is for street righting which this was not.

Overturned on appeal, only at GBH can the trial judge insert personal considerations. Misapplication of tiers

41
Q

How does S v R modify the tier system for the defence of consent?

A

In S v R, the appellant smashed a girls finger when she consented to the act to show her loyalty to him. No intention for GBH but consent withdrawn.

Argued the case result from Baker, that since it was not a GBH crime then consent should not be withdrawn.

Court ruled that in cases of bodily harm, there may be a sliding scale and for this case, the result ended near GBH which was enough to negate on policy reasons.

42
Q

What is the threshold for defence of common intercourse?

A

Disproportionate touching outside day to day interactions is an assault

43
Q

When can the defence of domestic discipline be used?

A

Can be used to prevent but not to punish

Law 201 (12 decks)

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