Assaults Flashcards
Proofs of assault
- Accused
- Struck, touched or applied force to another OR threatened another with immediate violence
- Intentionally or recklessly
- Without consent
- Without lawful excuse
Defences to Assault (7)
- Lawful chastisement - smacking a child
- Self Defence/Defence of another
- Defence of property - restraining someone damaging property 4. Lawful arrest
- Medical examination
- Physical force with consent - sports
- Taking blood samples - medical procedure
Lawful Chastisement
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
Self Defence
s418 Crimes Act - Conduct must be reasonable in the circumstances
s.99 LEPRA
Power of Police to arrest without a warrant
s.100 LEPRA
Power of others to arrest without a warrant
s.101 LEPRA
Power to arrest with a warrant
s.102 LEPRA
Power to arrest a person unlawfully at large
s.104 LEPRA
Power to arrest for interstate offences
s.105 LEPRA
Power to discontinue arrest
s.231 LEPRA
Police or any other person exercising a power, may use necessary force to arrest
s.60 LEPRA
Assault Police
s.61 LEPRA
Common Assault
Proofs of GBH/Wounding
- Accused
- Wounded the victim/inflicted GBH on the victim
- That such an action was committed recklessly
s.35 LEPRA
Reckless GBH or Wounding
R V Blackwell (2011)
Definition of Recklessness - Accused turned their mind to the possibility that the relevant action may cause GBH and did the act anyway
Wounding
Continuity of the skin must be broken and must bleed. Whole skin must be broken
s.33
