Assault Flashcards
What are the proofs of Assault?
- Defendant
- Assaults
- Another
- Intentionally or Recklessly
- Without Consent
- Without Lawful Excuse
(Occ ABH) or (Wound/Occ GBH)
What is an assault?
Any act which intentionally or possibly recklessly causes another person to apprehend immediate and unlawful personal violence…. synonymous with ‘battery’. (Fagan v Metropolitan Police Commissioner)
What section of the Crimes Act is assault?
S 61 of the Crimes Act 1900
Can mere words constitute an assault? If so, what case outlines the test?
Yes, Master v Watt
What is the test in Master v Watt?
- Did the words put the victim in apprehension of physical force?
- If so, was it apprehension of immediate physical force?
What does Police v Greaves state about threats?
It is the very essence of a threat that it should be made for the purpose of intimidating or overcoming the will of the person to whom it is addressed.
In relation to causation does the defendants actions have to be the sole cause?
No, it must be a substantial cause. It need not be the only substantial cause.
Does the victims behaviour have to be logical to break the chain of causation?
No, it can be unreasonable as the circumstances allow.
What is Actual Bodily Harm?
It is not defined in the crimes act. Bodily harm is said to include any hurt or injury calculate to interfere with the health and comfort of the victim
McIntyre v R - Bruises and scratches
What is GBH?
Section 4 of Crimes Act:
- destruction of foetus
- permanent or serious disfiguring of the person
- any grievous bodily disease
What is required for wounding?
Epidermis and dermis must be broken. The wound is proven by expert evidence in the form of a section 177 Evidence Act certificate.
Intention for common assault, what two things are required?
Actus reus - is the action causing the effect on the victim’s mind
Mens rea - is the intention to cause that effect
Do you need to intent to cause GBH?
Yes
The concept of recklessness?
Is a realisation of the possibility that some injury might result but nevertheless proceeding with the act
What is temporal coincidence?
That’s mens rea and actus reus occur at the same time
What section is self defence in the Crimes Act?
Section 418
What is self defence?
A person carries out conduct if the person believes the conduct is necessary:
- to defend himself from another
- to prevent or terminate the unlawful deprivation of his liberty or that of another.
- to protect property from unlawful interference.
- to prevent trespass to any land and the conduct is a reasonable response in the circumstances.
What does belief mean?
Above suspicion but below knowledge
Mikhael v Conroy and Smith says what about continuing course of conduct?
That there can be one ongoing assault charge for multiple assaults against the one victim over a period of time.
How many police can you put on an indictment for resist?
As many as you would like. This is in Hull v Nuske.
Also if assault of multiple police, there should be a seperate indictment for each.
Indirect assaults, what are some examples?
- An assault can be carried out directly, or indirectly. But must be made with hostile intent, the slightest force is all that is required. Indirect assaults still require intent. As long as the defendant intends to, and in fact does, cause the victim to apprehend immediate force. e.g,
- Encouraging dog to bite
- Striking. Horse upon which victim is riding
- Setting up a trap
Intention regarding ABH?
Only intention to apply unlawful force. There does not have to be an intention by the defendant to cause ABH. The test as to whether bodily harm has been occasioned by the assault is, established on objective principles. (R V Percali)
