Assaults

Question 1

What is the Common Law definition of Assault?

Answer 1

The Common Law definition of Assault means to unlawfully assault or beat another person. An assault under Common Law is any act which intentionally causes another to apprehend immediate and unlawful violence including the actual application of force, however slight, to another.

Question 2

Where is the statutory definition of Assault?

Answer 2

Section 31(2) of the Crimes Act 1958.

Question 3

What are the three elements of assault involving the application of force?

Answer 3

• the accused applied force to a person’s body
• the application of force was intentional or reckless
• the application of force was without lawful justification or excuse

Question 4

What are the three elements of assault not involving the application of force?

Answer 4

• the accused committed an act that caused a person to apprehend the immediate application of force to his or her body
• the accused intended their actions to cause such apprehension, or was reckless as to the outcome and,
• the accused had no lawful justification or excuse for causing a person to apprehend the application of immediate force

Question 5

What is the definition of an injury?

Answer 5

Section 15 of the Crimes Act 1958 defines injury as:

• physical injury, whether temporary or permanent; or
• harm to mental health - whether temporary or permanent

Question 6

What is an injury to mental health defined as?

Answer 6

It includes psychological harm including PTSD or depression, it does not include emotions such as fear, anger or distress unless they ultimately lead to psychological harm.

Question 7

What is the definition of serious injury?

Answer 7

Serious injury is defined as an injury that:

• endangers life or;
• is substantial and protracted.

Question 8

How can intent for assault be proven?

Answer 8

• admissions
• overt physical acts
• circumstances
• tendency or co-incidence evidence

Question 9

What is the definition of reckless?

Answer 9

Reckless as opposed to intent is based on the caveat that the accused must have been aware that the injury was probable or likely from their actions and be indifferent as to whether or not those consequences would occur.

Question 10

What is Common Assault?

Answer 10

Common Assault or Unlawful Assault can be found in section 23 of the Summary Offences Act 1966. Same definition as Common Law Assault with punishment being 15 penalty units or imprisonment for 3 months.

Question 11

What are aggravated circumstances for common assault?

Answer 11

Aggravated Circumstances involve an extra penalty attached to the charge of Common Assault. 25 penalty units or imprisonment for 6 months if the accused is convicted of aggravated circumstances.

Question 12

What are the points of proof of assault?

Answer 12

• identity
• unlawfully assault
• another person (victim)

Question 13

What are the points of proof for aggravated circumstances?

Answer 13

• identity
• unlawfully assault
• another person
• in company with others; or
• in company with another; or
• by kicking; or
• with a weapon or instrument

Question 14

What are the defences to assault? (6)

Answer 14

• Consent
• Amicable Contest
• Misadventure or Accident
• Execution of the Law
• Lawful Correction or Chastisement
• Self-defence

Question 15

What are the requirements pertaining to civil action for minor assault?

Answer 15

• the parties are known to each other
• the assault was not witnessed by any other person, including police
• the assault did not result in visible injury
• there is no breach of the peace
• the assault is not the result of a family violence incident

Question 16

How can Police comply with the Victim’s Charter Act in regards to Victim’s of Assault?

Answer 16

Upon completing LEDR reports, give the victim a “notice to the victim” form.

Question 17

What is the guideline for an injury to be considered “protracted”?

Answer 17

An injury that lasts longer than 6 months is considered protracted.