Chapter 3C: Assault Flashcards
What is assault defined as?
An act that does physical harm or threatens to do physical harm to another person
Where are assault cases usually heard?
In the Magistrates Court, however more serious cases can be heard in higher courts
How can assault be committed?
The use of force, a threat of force or an attempt to use force on another person
What is the degree of force in assault?
Force in assault can be slight and may not result in injury/harm, as long as there is some form of contact
What is the law regarding threats made by words in assault?
Words alone are not an assault unless there is an accompanying threatening gesture such as a raised fist or cutting of the throat with a finger
What is the law regarding the threat made during assault?
The victim must be aware of the threat and reasonably believe the threat will be carried out then and there
What is an example of a threat that does not classify as assault?
A long-distance phone call, because it does not place the victim in imminent danger
What does statutory assault consist of?
Indictable offences which require injury to have occurred
What does common law assault consist of?
Unlawful contact or fear of unlawful contact, injury does not have to occur
What are the four elements of statutory assault?
- The victim suffered an injury
- The accused caused the victims injury
- The accused intended to cause injury
- The accused acted without a lawful excuse
What is an injury defined as during assault?
A physical injury or harm to an individual’s mental health, which may be temporary or permanent
What is a serious injury defined as?
An injury that either endangers life, is substantial and protracted or involves the destruction of the foetus of a pregnant woman
What are the possible defences to statutory assault?
Consent, lawful arrest, self-defence, mental impairment, duress
During sporting events, when will the accused be deemed to have committed assault?
- They inflict injuries that are not within the reasonable rules of the game
- The injuries are committed in anger and hostility
- The injuries exceed what would be reasonably contemplated by participants in that sport
What are some examples of gross violence circumstances?
- The offender was accompanied by two or more individuals, to cause serious injury
- The offender planned to have an offensive weapon or firearm and use the weapon
- The offender continued to cause injury after the victim was incapacitated
What is the minimum prison sentence for people convicted in circumstances of gross violence?
A non-parole period of at least 4 years
What are the elements of common law contact assault?
- The accused applied force to the victim
- The application of force was without consent
- The application of force was intentional or reckless
What are the elements of common law apprehension assault?
- A threat is made to the victim
- The threat is made intentionally or recklessly, causing the victim to fear imminent unlawful contact
During common law apprehension, what is the law regarding injury?
The victim does not need to sustain an injury or any contact as a result of the threat, as the threat alone can be sufficient to cause the victim to fear imminent unlawful contact
What does apprehension mean?
The victim must be aware that contact is likely to occur directly after the threat
What is the complete defence of self-defence defined as?
The legal recognition that a person may lawfully use force or the threat of force in order to prevent unlawful harm against themselves or another
What are the elements required to establish self-defence in assault?
- The accused believes that the conduct is necessary in self-defence
- The conduct is a reasonable response in the circumstances
What are some situations where self-defence can be used as a defence against an assault charge?
The protection of property, to prevent an unlawful deprivation of the liberty of yourself or the defence of another person from harm
What is duress defined as?
The legal recognition that a person may commit a crime while acting under compulsion due to a threat should they fail to comply
What are the elements required to establish a successful duress defence for assault?
- A threat of harm
- The conduct was the only reasonable way to avoid the threatened harm
- The conduct was a reasonable response to the threat
What is the maximum penalty for statutory assault?
20 years imprisonment
What is the maximum penalty imposed for common law assault?
5 years imprisonment
When can the maximum penalty for common law assault be increased to 10 years imprisonment?
- The offender has a weapon readily available at the time
- The victim is a police officer or protective services officer on duty
