Assaults

Question 1

Explain common assault & what is its jurisdiction?

Answer 1

Any person who unlawfully assaults or beats another person shall be guilty of an offence.

Summary offence, s23

Question 2

What is the definition of an injury?

Answer 2

A physical injury or harm to mental health (whether temporary or permanent)

Question 3

What is the definition of a serious injury?

Answer 3

An injury (or combination of injuries) that a) endangers life
b) is substantial and protracted, or
c) involves the destruction of a foetus

Question 4

What are the defences to an assault? (CAMELS)

Answer 4

Consent
Amicable contest
Misadventure or accident
Execution of the law
Lawful correction or chastisement
Self-defence

Question 5

When police use “reasonable force” to make a lawful arrest, what defence is established?

Answer 5

S.322k (1)-(2) of the crimes act 1958
Self defence

Question 6

In what circumstances may civil action be advised by a police officer in relation to an assault?

Answer 6

A police officer may advise a person that they may take civil action regarding a minor assault if:
- the parties aren’t known to each other
- the assault was not witnessed
- no result of visible injury
- no breach of the peace
- not a FV incident

Question 7

What ways can intent be proven

Answer 7

Admissions
Overt physical facts
Circumstances
Tendency or co-incidence evidence

Question 8

What is the ages for a male & female child for aggravated circumstances?

Answer 8

A male child whose age does not exceed 14 years, or upon ANY aged female.

Question 9

What are the points of proof for assault?

Answer 9

Identify
Unlawfully assault
Another person (victim)

Question 10

What are the add on elements for aggravated circumstances?

Answer 10

In company with others; or
In company with another; or
By kicking; or
With a weapon or instrument