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bullring > Assaults > Flashcards

Assaults Flashcards

1
Q

Proofs of assault

A
  1. Accused
  2. Struck, touched or applied force to another OR threatened another with immediate violence
  3. Intentionally or recklessly
  4. Without consent
  5. Without lawful excuse
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2
Q

Defences to Assault (7)

A
  1. Lawful chastisement - smacking a child
  2. Self Defence/Defence of another
  3. Defence of property - restraining someone damaging property 4. Lawful arrest
  4. Medical examination
  5. Physical force with consent - sports
  6. Taking blood samples - medical procedure
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3
Q

Lawful Chastisement

A

s.61AA Crimes Act - only applied by parent or person acting as parent of the child
- no part of the head or neck
- any part of the body that is likely to cause harm that lasts for more than a short period

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4
Q

Self Defence

A

s418 Crimes Act - Conduct must be reasonable in the circumstances

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5
Q

s.99 LEPRA

A

Power of Police to arrest without a warrant

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6
Q

s.100 LEPRA

A

Power of others to arrest without a warrant

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7
Q

s.101 LEPRA

A

Power to arrest with a warrant

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8
Q

s.102 LEPRA

A

Power to arrest a person unlawfully at large

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9
Q

s.104 LEPRA

A

Power to arrest for interstate offences

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10
Q

s.105 LEPRA

A

Power to discontinue arrest

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11
Q

s.231 LEPRA

A

Police or any other person exercising a power, may use necessary force to arrest

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12
Q

s.60 LEPRA

A

Assault Police

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13
Q

s.61 LEPRA

A

Common Assault

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14
Q

Proofs of GBH/Wounding

A
  1. Accused
  2. Wounded the victim/inflicted GBH on the victim
  3. That such an action was committed recklessly
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15
Q

s.35 LEPRA

A

Reckless GBH or Wounding

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16
Q

R V Blackwell (2011)

A

Definition of Recklessness - Accused turned their mind to the possibility that the relevant action may cause GBH and did the act anyway

17
Q

Wounding

A

Continuity of the skin must be broken and must bleed. Whole skin must be broken

18
Q

s.33

A

bullring (1 decks)

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