Assault/Sexual assault offences Flashcards
What is the definition of sexual intercourse?
Section 61H - Definition of Sexual Intercourse
Sexual connection occasioned by penetration to any of the
1) Genitalia (including allergically constructed vagina) of a female
2) Or the anus of any person by:
- Any part of the body of another person or
- Any object manipulated by another person
Except for proper medical purposes, or
3) Sexual connection occasioned by introduction of penis to mouth of another person
4) Cunnilingus, or
5) The continuation of sexual intercourse
When does a person consent to sexual intercourse?
What is the knowledge component of consent and how do we negate it?
Section 61HA - Consent
A person consents if they FREELY and VOLUNTARILY agree to sexual intercourse
Knowledge
Person knows another does not consent if:
1) KNOWS other doesn’t consent
2) Is RECKLESS as to where other
3) NO REASONABLE GROUNDS FOR BELIEVED other person consents
Negating consent
1) Incapacity (including intoxication and under 16years) or no opportunity to consent
2) Threats or improper pressure
3) Fraud or mistaken belief
No physical resistance does not constitute consent
What are the elements of the offence of sexual assault?
Section 61L - Sexual Assault
1) Accused
2) Had sexual intercourse with the complainant
3) Without the consent of the complainant
4) Knowing the complainant did not consent
What are the aggravated circumstances and special aggravated circumstances of sexual assault?
Section 61J - Aggravated Sexual Assault
1) Intentionally or recklessly inflicts ABH (victim or
other)
2) Threatens to inflict ABH with offensive weapon/instrument
3) In company
4) Victim under 16
5) Victim under authority of accused
6) Victim has serious physical disability
7) Victim has serious cognitive impairment
8) Offender B&E with intent of committing offence or other SIO
9) Deprives liberty of victim (before or after)
Section 61JA - Aggravated Sexual Assault in company
1) Who is in company of another person and
A) Intentionally or recklessly inflicts ABH
B) Threatens to inflict ABH, Offensive Weapon/Instrument
C) Deprives the alleged victim (before or after)
A person spikes another person drink with intent to have sexual intercourse with them, what is the offence and the elements of that offence?
Section 38 - Using intoxicating substance to commit indictable offence
1) A person who:
A) Administers an intoxicating substance to another person or
B) Causes another person to take an intoxicating substance
2) With intent to enable himself or to assist a third person to commit an IO
What are the proofs of Indecent assault and what are the aggravating circumstance?
Section 61L - Indecent Assault
1) Assaulted the complainant
2) At the time thereof, committed an act of indecency
(concerned with sexual indecency - must have sexual connotation)
Section 61M - Aggravated Indecent Assault
1) In company
2) Victim under authority of the offender
3) Victim has serious physical disability
4) Victim has serious cognitive impairment
What are the proofs of assault?
Section 61 - Proofs of assault
1) The Accused
2) Assaulted the victim (struck, touches or applied force or threatened another with immediate violence)
3) Intentionally or recklessly
4) Without consent
5) Without lawful excuse
Assault
What six examples of a lawful excuse?
1) Lawful chastisement
2) Self defence and defence of others
3) Lawful arrest
4) Surgical and Medical procedures
5) BOdy Decorations
6) Sporting and other physical contests
Section 60 of the Crimes Act outlines offences of Assault and other actions (stalk, harass, intimidate) against police while in the execution of their duty. When is an officer in the execution of their duty in relation to this offence?
Section 60(4)
An action is taken to be carried out to a police officer while in the execution of their duty, even though the police officer is not on duty at the time, if carried out
1) As a consequence of, or retaliation for
- Actions undertaken by the police officer in execution of their duty or
2) Because the officer is a police officer
Offender does not need to know they are a police officer
Ouline the offences under section 33 and 35 of the Crime Act?
Section 33 - Wounding or GBH with intent 1) A person who A) Wounds any person or B) Causes GBH to any person 2) With intent to cause GBH
Section 25 - Reckless GBH or wounding 1) A person who A) Wounds any person or B) Causes GBH to any person 3) Is reckless as to causing ABH to that or another person
Prosecution must prove that the accused acted with:
- Foresight of the possibility
- That GBH or wounding would be cause to someone
- But nevertheless proceeded to act
Property damage
What is the elements of the offence typically known as mal damage and what is the definition of damage?
Section 195 - Destroying or damaging property
1) Intentionally or recklessly
2) Destroys or damages
3) Property belonging to another
Damage is defines as
- Not only Permanent or temporary physical harm but also
- Permanent or temporary impairment of value or usefulness
Property damage
A person damages another persons property to obtain a financial gain. What is the offence and elements of that offence?
Section 197 - Dishonetly destroying or damaging property A person who 1) Dishonestly 2) With a view of making a gain 3) For that person or another 4) Destroys or damages property
Property can belong to the person obtaining the gain
