Assaults/Sexual Assaults Flashcards
What is an assault?
An assault is any act which intentionally—or possibly recklessly—causes another person to apprehend immediate and unlawful personal violence
What is the definition of Assault Occasioning Actual Bodily Harm?
The phrase “bodily harm” has been said to include any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent, but must be more than merely transient or trifling
What is the definition of Recklessness - what is the case law relating to this?
The concept of recklessness is simply a realisation of the possibility that some injury might result but nevertheless proceeding with the act: R v Coleman
What is the definition of Self Defence as per Section 418 of the Crimes Act?
(2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
(a) to defend himself or herself or another person, or
(b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
(c) to protect property from unlawful taking, destruction, damage or interference, or
(d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass, - Subjective Test
and the conduct is a reasonable response in the circumstances as he or she perceives them. – Objective Test
What section relates to No Consent?
Section 61HJ of the Crimes Act
What material can be included in CAM as per S91FB?
a) a person who is, appears to be or is implied to be, a child as a victim of torture, cruelty or physical abuse, or
(b) a person who is, appears to be or is implied to be, a child engaged in or apparently engaged in a sexual pose or sexual activity (whether or not in the presence of other persons), or
(c) a person who is, appears to be or is implied to be, a child in the presence of another person who is engaged or apparently engaged in a sexual pose or sexual activity, or
(d) the private parts of a person who is, appears to be or is implied to be, a child.
(2) The matters to be taken into account in deciding whether reasonable persons would regard particular material as being, in all the circumstances, offensive, include—
(a) the standards of morality, decency and propriety generally accepted by reasonable adults, and
(b) the literary, artistic or educational merit (if any) of the material, and
(c) the journalistic merit (if any) of the material, being the merit of the material as a record or report of a matter of public interest, and
(d) the general character of the material (including whether it is of a medical, legal or scientific character).
What are the 3 things to prove to establish knowledge in relation to Sexual Offences as per Section 61HK(1)?
Actual knowledge
Recklessness
A hybrid subjective/objective test
What is Voyeurism?
Filming or observing a person in a private act such as using the toilet, showering or sexual act.
What are the elements of a sexual touching?
The accused intentionally touched the complainant
The touching was sexual (see s 61HB)
Without the complainant’s consent to being touched in that way (see ss 61HI - 61HJ) and
The accused knew the complainant did not consent
