Assaults

Question 1

Under what section do assaults come under?

Answer 1

Criminal code 1872

Question 2

What is difference between Sec 33 and sec 35 Criminal code?

Answer 2

Sec 33 - GBH/wounding with intent. There must be intent to cause injury. Or intend to resist/prevent lawful apprehension or detention of a person and cause the wound/gbh. This could be his or another persons arrest, the intent is only to resist.

Sec 35 - GBH/wounding. Unlawful/malicious - can be intentional or reckless with or without a weapon

Question 3

What is sec 52 criminal code?

Answer 3

Assault police (beat or assault)
Obstruct police (resist or wilfully obstruct)
In execution of their lawful duty

Question 4

What is sec 60?

Answer 4

Cause ABH through assault

Means anything interfering with health/comfort or victim - black eye

Question 5

What is the definition of assault?

Answer 5

Intentionally or recklessly causing person to apprehend unlawful or immediate violence

Petty Sessions 1927 sec 56 (includes bop and provoking behaviour)
Criminal code 1872