Indecent Assault Flashcards
Section
Sec 135 Crimes Act 1961
Penalty
7 years
Ingredients
1) Everyone who
2) Indecently Assaults
3) Another Person
Everyone
Gender neutral. Proven by judicial notice or circumstantial evidence.
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
Indecent Act
An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
R v Court
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.
Assault
Assault means the act of applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making threat has, or causes the other to believe on reasonable grounds that he has the present ability to affect his purpose;
Sec 2 Crimes Act 1961
Must include:
- What constituted an assault including how the act was intentional
- What made the assault indecent
Another Person
Gender neutral. Proven by judicial notice or circumstantial evidence