Assaults Flashcards
Defition of assault
Must show intent in the actions, but does not have to involve physical contact
What are the 2 types of assaults
Direct: striking, kicking, punching
Indirect: throwing a rock
Defences to assault
Consent
Amicable contest (sport)
Misadventure or accident (bumping someone as result of a train stopping)
Executing the law (arresting someone)
Lawful correction (punishing child)
Self defence (S322K)
S23 SOA Unlawful assault (common assault)
Any person who unlawfully assaults or beats another person
Arrest power
Points of proof
Identity
Unlawful assaults
Another person
Indictable assault
Assaults inflicting injury or harm to mental health.
Physical injury: unconsiousness, Broken bones, substntial pain
Harm to mental health: Physiological harm
Indictable assault serious injury
Endangers life
is substantial and protacted
eg: Quadriplegic, loss limb, severe damage to organs, minor brain injury
Assaults involving threats
S20 CA - Threat to kill
A person without lawful excuse, makes to another person a threat to kill that other person or any other person-
Intending that person would fear the threat would be carried out
Being reckless as to whether or not that other person would fear the threat would be carried out.
S21 CA - Threat to inflict serious injury
A person who without lawful excuse, makes to another person a threat to inflict serious injury on that other personor any other person-
Intending that other person would fear the threat would be carried out
Being reckless as to whether or not that other person would fear the threat would be carried out
S21A CA - Stalking
When a person intentionally or persistently without Legitimate reason engages in a course of conduct directed at another specific person against that persons will and this conduct causes the other person to develop a fear or to believe that harm would come to the, or some other person
Assaults invovling conduct
S22 CA - Conduct endangering life
A person who without lawful excuse,recklessly engages in conduct that places or may place another person in danger of death
S23 CA - Conduct endangering a person
A person who without lawful excuse,recklessly engages in conduct that places or may place another person in danger of death
S30 CA - Threatening injury to prevent arrest
A person who threatens injury to any property with intent
- to prevent or hinder the lawful apprehension or detention of himself or another person
- to prevent or hinder a MOPF or PSO from investigating in a lawful manner
S195H CA Affray
A person who uses or threatens unlawful violence and whose conduct would cause a person of reasonable firmness present at the scene to be terrified (can’t be scared easily)
Offences to emergency workers
Emergency worker definition:
Police, PSO, Paramedic,FRV, SES
S51 SOA - Emergency worker
A person must not HOARD an emergency worker
A person must not HOARD another person assissting an emergency worker
