Assaults etc

Question 0

Which act are assault offences found?

Answer 0

Criminal code act 1872

Question 1

What is an assault?

Answer 1

Any act which intentionally or recklessly
Causes another person to
Apprehend immediate or unlawful personal violence

Key points- intent/reckless
Causes fear of immediate or unlawful violence

Therefore act of threatening rather than injury which must be intended

Question 2

What difference would constitute battery?

Answer 2

Intentionally and recklessly applies FORCE to another person

Question 4

What is the mens rea for common assault and ABH (section 60 crim code)?

Answer 4

Intention - intend to cause apprehension of violence

Subjective recklessness - know of risk

Question 4

What are possible defences to assaults?

Answer 4

Consent 
Lawful authority in execution of legal right 
Legal Justification - lawful correction 
Self defence 
Accidental jostling 
Lawful sport

Question 5

What would you need to consider for a common assault or abh to have occurred?

Answer 5

Did the behaviour cause another person to apprehend immediate violence
did victim believe they would be subjected to immediate unlawful violence (they do not need to be in fear just to believe)
Or
Was there a subjective recklessness as to whether fear would result from actions

Question 6

What is the definition of ABH section 60 crim codes 1872?

Answer 6

To assault any person
Occasioning them actual bodily harm

Harm means- effects health or comfort

Question 7

What are the two more serious assaults?

Answer 7

Wounding or inflicting GBH-5 years

GBH with intent -life

Question 8

Which section provides assault of constable?

Answer 8

Section 52 crim codes
Any Assault/beat/resist/willfully obstruct
Peace office in execution of his duty
Or of any person acting in aid of officer

-officer must be acting lawfully and in execution of duty

Question 9

To inflict wounding or GBH it must be?

Answer 9

Unlawful or malicious

With or without a weapon or instrument

Question 10

What are the 5 building blocks to an investigation?

Answer 10

Preserve life
Preserve scene
Identify witness/suspect
Secure evidence

Question 11

What must occur for a GBH with intent to be committed?

Answer 11

Unlawful and malicious 
By any means whatsoever 
wound with intent to do GBH
cause GBH with intent 
Intent to resist or prevent lawful detention/apprehension of another (causing GBH or wound causing GBH)

Question 12

Give 2 examples of things which would show GBH or wounding with intent

Answer 12

Sustained attack
Prior attacks
Using a weapon
Kicking or head butting

Question 13

Give 2 examples of things which would show GBH or wounding with intent

and give examples of GBH injuries

Answer 13

Sustained attack 
Prior attacks 
planned attack
deliberately selecting a weapon 
kicking or using weapon against head

examples of GBH injuries:
Kicking or head butting
broken or displaced limbs/bones
blood transfusion or lengthy hospital stay
permanent disability or visible disfigurement

Question 14

what is the definition of GBH?

Answer 14

unlawfully and maliciously wound or inflict any GBH injury upon another with or without a weapon or instrument

Question 15

what does maliciously mean for GBH?

Answer 15

knowing the risk of harm to another but taking the risk anyway - being reckless as to the harm

Question 16

what does wounding mean for GBH?

Answer 16

breaking the continuity of the whole skin, or breaking of inner skin (cheek inside mouth)
externally (stabbing with knife) or internally (where a punch has caused a tooth inside their mouth to stab their skin)