Module 17 - ASSAULT Flashcards
Relevant concepts include:
- Recklessness
- Criminal liability
- Temporal coincidence
- Mens rea and actus reus
- Legal defences to assault
Case law defines assault as?
Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence. It is not necessary for actual physical harm to be inflicted.
Assault can include what?
- Advance towards someone with a clenched fist (threats)
- Using a dog as a weapon
- Non-consenting kiss
- Spitting on a person
- Striking a horse causing the rider to fall
- Pointing an unloaded/loaded firearm or toy pistol (if the victim believes it to be a pistol/taser)
- An unlawful arrest
- Excessive force
What Act and Section is ‘Common Assault prosecuted by indictment’ and the elements. What type of offence is this and how many years in prison?
Crimes Act 1900 (NSW) Section 61
- The accused
- Assaulted
o Intentionally/recklessly
o Without consent
o Without lawful excuse
- A person
Indictable offence – 2 years imprisonment
What Act and Section is ‘Assault and other actions against police officers’
Crimes Act 1900 (NSW) Section 60
What Act and Section is ‘Assault occasioning actual bodily harm’ and the elements and how long in prison?
Crimes Act 1900 (NSW) Section 59
- The accused
- Assaulted
o Intentionally/recklessly
o Without consent
o Without lawful excuse
- A person
- Occasioning actual bodily harm
Liable to imprisonment for 5 years
What is the definition of Actual Bodily Harm?
Includes any hurt or injury to interfere with health or comfort of the victim
Such hurt need not be permanent but must be more than merely transient and trifling, for example, scratches and bruises
What Act and Section is ‘Reckless grievous bodily harm or wounding’
Crimes Act 1900 (NSW) Section 35
What Act and Section is ‘Wounding or grievous bodily harm with intent’
Crimes Act 1900 (NSW) Section 33
What is the definition of Wound?
Wounding requires the breaking of the continuity of the skin – dermis (interior layer) and epidermis (outer layer)
It need not involve the use of a weapon
What Act and Section is ‘Choking, Suffocation and Strangulation’
Crimes Act 1900 (NSW) Section 37
What are some legal defences for assault?
- Self Defence
- Accidental use of force
- When consented to
- Medical procedures
What Act and Section is Violent Disorder? And the elements? And Maximum Penalty?
Summary Offences Act 1988 (NSW), Section 11A
- Was 3 or more persons are together using or threatening unlawful violence
- The conduct of them (Taken together) was such that it would have caused a person of reasonable firmness at the scene to fear for his/her safety (need not be present)
- Each of the persons who threatens or uses unlawful violence is guilty of this offence
Maximum penalty: 10 penalty points or 6 months imprisonment
What Act and Section is Affray? And the elements? And Maximum Penalty?
Crimes Act 1900 (NSW), Section 93C
- The accused used or threatened to use unlawful violence towards another person
- The conduct of the accused was such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety (need not be present)
10 years imprisonment
What Act and Section is Riot? And the elements? And Maximum Penalty?
Crimes Act 1900 (NSW) Section 93B
- 12 or more persons were present together
- Used or threatened to use unlawful violence for a common purpose
- Their conduct taken together was such that it would cause a person of reasonable firmness present at the scene for fear for his or her safety (need not be present)
15 years imprisonment
The three public order offences – the differences
Violent Disorder
- 3 or more (conduct taken together)
- Use of threatened violence (incl. words alone)
- Towards person or property
Penalty: 10 penalty points or 6 months imprisonment
Affray
- 1 person or more
- Uses or threaten violence – must be more than just words
- Must be towards another person – (not property)
Penalty: 10 years imprisonment
Riot
- 12 or more
- Defendant must use violence
- Common purpose, towards person or property
Penalty: 15 years imprisonment
What Act and Section is ‘Violent Disorder’?
Summary Offences Act 1988 (NSW) Section 11A
What does Criminal Complicity mean?
Where 2 or more people are involved in a Criminal Act
- Common purpose and Acting in Concert
What is Children and young persons (Care and protection) act 1998 no 157
Sections: 23, 24 and 27?
Section 23 – Child or young person at risk of significant harm
Section 24 – Report concerning child or young person at risk of significant harm
Section 27 – Mandatory Reporting
What Act and Section is Offensive Conduct and the elements and an example?
Summary Offences Act 1988 (NSW) Section 4
• Accused
• Conducted him/herself in an offensive manner
• In or near, or within the view or hearing, from a public place or school
• Without reasonable excuse
Example: Urinating in public
What Act and Section is Obscene Exposure and the elements and an example?
Summary Offences Act 1988 (NSW) Section 5
• Accused
• Willfully and obscenely
• Exposed his/her person
• In or near, or within the view or hearing, from a public place or school
Example: a male or female exposing their person (penis or vagina) to passers-by
What Act and Section is Sexual Act and the elements and an example?
Summary Offences Act 1988 (NSW) Section 61HC
• Offender
• Knowing the victim does not consent
• Intentionally
• Carried out a sexual act
• Towards the victim/s
Example: johnny sees Mary standing across the way. Johnny, holding his erect penis in his hand, yells out to Mary “Do you want a piece of this?”
What Act and Section is Sexual Touching and the elements and an example?
Summary Offences Ac 1988 (NSW) Section 61K
• Accused
• Sexually touching the victim
• Without consent of the alleged victim
• Knowing the victim does not consent
Example: Johnny approaches Mary in a nightclub. He grabs her between the legs with one hand and places his other hand on her breast, saying “Can I have some of that?”
What are circumstances of aggravation to “Sexual Act and Sexual Touching”?
• In the company
• Under the authority
• Serious physical disability
• Cognitive impairment
Example: two male approaches a female, then undo their zippers and hold their penises, saying word to her like “want a bit of this?” and “ill get you horny”. The girl screams and runs away.
The circumstance of aggravation being that the males were in company of another person
