Chapter 3C: Assault

Question 1

What is assault defined as?

Answer 1

An act that does physical harm or threatens to do physical harm to another person

Question 2

Where are assault cases usually heard?

Answer 2

In the Magistrates Court, however more serious cases can be heard in higher courts

Question 3

How can assault be committed?

Answer 3

The use of force, a threat of force or an attempt to use force on another person

Question 4

What is the degree of force in assault?

Answer 4

Force in assault can be slight and may not result in injury/harm, as long as there is some form of contact

Question 5

What is the law regarding threats made by words in assault?

Answer 5

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

Question 6

What is the law regarding the threat made during assault?

Answer 6

The victim must be aware of the threat and reasonably believe the threat will be carried out then and there

Question 7

What is an example of a threat that does not classify as assault?

Answer 7

A long-distance phone call, because it does not place the victim in imminent danger

Question 8

What does statutory assault consist of?

Answer 8

Indictable offences which require injury to have occurred

Question 9

What does common law assault consist of?

Answer 9

Unlawful contact or fear of unlawful contact, injury does not have to occur

Question 10

What are the four elements of statutory assault?

Answer 10

• The victim suffered an injury
• The accused caused the victims injury
• The accused intended to cause injury
• The accused acted without a lawful excuse

Question 11

What is an injury defined as during assault?

Answer 11

A physical injury or harm to an individual’s mental health, which may be temporary or permanent

Question 12

What is a serious injury defined as?

Answer 12

An injury that either endangers life, is substantial and protracted or involves the destruction of the foetus of a pregnant woman

Question 13

What are the possible defences to statutory assault?

Answer 13

Consent, lawful arrest, self-defence, mental impairment, duress

Question 14

During sporting events, when will the accused be deemed to have committed assault?

Answer 14

• 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

Question 15

What are some examples of gross violence circumstances?

Answer 15

• 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

Question 16

What is the minimum prison sentence for people convicted in circumstances of gross violence?

Answer 16

A non-parole period of at least 4 years

Question 17

What are the elements of common law contact assault?

Answer 17

• The accused applied force to the victim
• The application of force was without consent
• The application of force was intentional or reckless

Question 18

What are the elements of common law apprehension assault?

Answer 18

• A threat is made to the victim

- The threat is made intentionally or recklessly, causing the victim to fear imminent unlawful contact

Question 19

During common law apprehension, what is the law regarding injury?

Answer 19

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

Question 20

What does apprehension mean?

Answer 20

The victim must be aware that contact is likely to occur directly after the threat

Question 21

What is the complete defence of self-defence defined as?

Answer 21

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

Question 22

What are the elements required to establish self-defence in assault?

Answer 22

• The accused believes that the conduct is necessary in self-defence
• The conduct is a reasonable response in the circumstances

Question 23

What are some situations where self-defence can be used as a defence against an assault charge?

Answer 23

The protection of property, to prevent an unlawful deprivation of the liberty of yourself or the defence of another person from harm

Question 24

What is duress defined as?

Answer 24

The legal recognition that a person may commit a crime while acting under compulsion due to a threat should they fail to comply

Question 25

What are the elements required to establish a successful duress defence for assault?

Answer 25

• 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

Question 26

What is the maximum penalty for statutory assault?

Answer 26

20 years imprisonment

Question 27

What is the maximum penalty imposed for common law assault?

Answer 27

5 years imprisonment

Question 28

When can the maximum penalty for common law assault be increased to 10 years imprisonment?

Answer 28

• The offender has a weapon readily available at the time

- The victim is a police officer or protective services officer on duty