Assault

Question 1

s61 Crimes Act

Answer 1

Common assault prosecuted by indictment

• The accused
• Assaulted
• intentionally or recklessly
• Without consent
• without lawful excuse
• a person

Two years inprisonment

The accused must be capable of assault in that instance.

Question 2

s59 Crimes Act

Answer 2

Assault occasioning actual bodily harm.

• The accused
• Assaulted
• intentionally or recklessly
• without consent
• without reasonable excuse
• a person
• Occasioning actual bodily harm

Question 3

s60 Crimes Act

Answer 3

Assault and other actions against police.

Question 4

Assault can include:

Answer 4

• Using a dog as a weapons
• Non-consenting kiss
• Advance towards someone with a clenched fist (threats)
• spitting on a person
• an unlawful arrest
• Excessive force
• Striking a horse causing the rider to fall off.

Question 5

s33 Crimes Act

Answer 5

Wounding or grievous bodily harm with intent.

Question 6

s35 Crimes Act

Answer 6

Reckless grievous bodily harm or wounding.

• The accused
• Recklessly
• inflicted GBH

Question 7

s37 Crimes Act

Answer 7

Choking, suffocation and strangulation.

Question 8

s546C Crimes Act

Answer 8

Resisting etc Police. (hinder)

Question 9

s11A Crimes act

Answer 9

Violent disorder

-Where three or more person are together or threatening unlawful violence.

the accused intended to use or threatened violence. Words alone can constitute this offence so as to cause a person of reasonable firmness to fear for their saftey.

against person or property

on public or private property.

only need to threaten violence.

Question 10

s93B Crimes Act

Answer 10

Riot

where there is 12 or more persons who are present together use or threaten unlawful violence for a common purpose. (towards person or property)

The conduct would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

Only those who use violence can be charged with riot.

Question 11

s93C Crimes act

Answer 11

Affray

The accused used or threatened to use unlawful violence towards another person; and
The conduct of the accused was such as would cause a person of reasonable firmness present at the scene to fear for his/her personal safety.

violence to people only.

Pub fight typical affray offence. (police cannot establish victim and suspect, police would charge both with the offence of affray.)

(10 years imprisonment)

Question 12

Duty of first responder for sexual assault

Answer 12

Notify duty officer
Show respect to the victim
Assess safety of the victim 
Provide medical assistance 
No food or drink 
Record details in notebook
Identify the offender
Sexual assault identification kit

Question 13

s61I CA

Answer 13

Sexual assault

The accused

• had sexual intercourse
• Without consent
• Knew or reckless to the lack of consent from the person.

Question 14

61J CA

Answer 14

Aggravated sexual assault (circumstance of aggravation)

Authority of alleged offender (carer, Teacher, Police officer)

• Vicitm under the age of 16
• Offensive weapon used
• Company of another offender
• ABH
• Disability
• Offence of serious inditable nature during a B&E
• Deprivation of liberty
• Cognitive impairment.

Question 15

s61KC

Answer 15

Sexual touching

adult

Question 16

s61KD

Answer 16

Aggravated sexual touching

The accused
Sexually touches the victim
Without the consent of the alleged victim
Knowing the victim does not consent
In circumstances of aggravation

1) In the company of another offender
2) under the authority of the offender (carer, etc)
3) Physical impairment
4) Cognitive impariment

Question 17

s61KE

Answer 17

Sexual act

• The offender
• Knowing the victim does not consent
• intentionally
• Carried out a sexual act
• towards the victim/s

Question 18

s61KF

Answer 18

Aggravated sexual act.

• 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
  1) In company of another offender
  2) under authority of the offender
  3) physical disability
  4) cognitive impairment.