ch 6- summary offences Flashcards
assault
the intentional or reckless use of force or the threat of force against another person without a lawful excuse (also extends to other types of assault-related offences)
intentional
something deliberate- not accidental
reckless
acting/note acting with conscious awareness of the potential harm that is likely to be suffered
what is the maximum penalty for minor assault
15 penalty units or 3 months imprisonment and is a summary offence heard in the magistrates court
what is common law assault
a more serious type of assault that arises under common law and which is heard before the county court- max penalty is 5 years
what are some other, more serious types of assault
negligently, intentionally or recklessly causing injury
assaulting/threatening to assault a person with intent to resist an arrest
assaulting/threatening to assault a worker on duty
what are the 3 elements of assault
applied force/threatened to apply force
the application/threat of force was intentional or reckless
there was no lawful justification/excuse
element 1: the accused applied force or threatened to apply force
threat of a force/actual physical force
doesn’t need to be violent, as even a slight touch can be considered assault in some cases- can be applied by a weapon or other forces like light/heat
element 2: the application or threat of force was intentional or reckless
at the time of the offence, the accused intended to apply force or threatened to do so or was reckless as to the fact
while intention requires voluntarily chosing to harm/apply force
recklessness requires the accused to realise their conduct would probably result in force being applied
element 3: there was no lawful justification or excuse
person who committed the assault did so without any authority or beyond the authorised level
e.g. cops can use reasonable force when arresting
defences to assault
can argue against the elements, acquitting the charge. however there are also other general and specific defences to assault
consent
a person cannot be convicted of assault if actions were consensual
however this is only a partial excuse as it doesn’t fully absolve the charge
whether the accused can argue consent is dependent on circumstances where the assault was committed and the degree of harm inflicted
can’t consent to an unlawful act or to the infliction of serious injury/bodily harm
daily life, sporting events, tattoo and piercings, medical procedures
lawful arrest
a person may not be convicted if they have the authority to carry out an arrest- for example a cop
reasonable force is dependent on the circumstances- more force if they resist
lawful correction of a child
may be convicted if they smack or discipline a child
not an assault as long as it is reasonable in all the circumstances and genuinely intended for correction
has strict parameters
the physical act must not be unreasonable or excessive
appropriate to age and physical/mental development
what is the relevant statute for common assault
Sect 23 summary offences act 1966 (Vic)- up to 15 penalty units ($2880) or imprisonment for up to 3 months
