Assault Flashcards
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
Common assault Elements
Elements
- The accused
- Assaulted
- A person
- Intentionally or recklessly
- Without consent
- Without lawful excuse
What is Crimes Act 1900 s59
assault occasioning actual bodily harm
Elements for assault occasioning actual bodily harm
- The accused
- Assaulted
a) intentionally or Recklessly
b) wthout lawful excuse - A person
- Causing ABH
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?
Assualt grievous bodily harm or wounding (GBH)
RECKLESS
Elements for Assualt grievous bodily harm or wounding (GBH) RECKLESS
- The accused
- Assaulted
a) recklessly as to cause ABH
b) wthout lawful excuse - A person
- Causing a wound or GBH
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?
Assault wounding or grievous bodily harm with INTENT
Elements for Assault wounding or grievous bodily harm with INTENT
- The accused
- Assaulted
a) intentionally
b) wthout lawful excuse - A person
- Causing a wound or GBH
What is the definition of grievous bodily harm (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.
S,C,A,M F,L
What are some of the lawful defences to assault?
- Self defence
- Consent (only for common assault)
- Accidental use of force
- Medical procedure
- Forensic procedure
- lawful correction (e.g. smacking a child on bottom)
