Other Summary Offences- Assaults Flashcards
what does it mean “direct” & “indirect” Assault
Direct- directly striking with hand, foot, weapon etc
indirectly- discharging stone, missile, hosing person etc
what is assault
2 parts : can either be
1) intentional application of force - punch,slap, kick
OR
2) no physical contact necessary. victim just has to be placed
- in fear &
- believes has the offender has the ability to carryout threat
what are the defences to assault
CAMELS
Consent- he asked me to hit him
Amicable contest- boxing
Misadventure/Accident- bumped into the person on a train
Execution of law- police officer using force
Lawful correction
Self defence
what is s23 SO Act
what are the points of proof
what is the power of arrest
term of imprisonment
Unlawful assault
- any person
- unlawfully assaults
- another person
arrest power: s458
3months
what are the additional penalties regarding assault s24(1) summary offences
- male u14
- any female
- in company with other persons
- kicking
- with any weapon or instrument
in the VPM what criteria must apply regarding minor assaults
BIF PW
- no Breach of the peace
- assault did not result in Injury
- assault not the result of Family violence incident
- Parties known to each other
- assault not witnessed by any other person
what are the offences regarding resisting police
HOARDIE
what is the term of imprisonment
Hindering Obstructing Assaulting Resisting Delaying Inciting Encouraging
6months
in Indictable assaults what is the meaning of :
Injury serious injury intentional reckless negligence
Injury- includes unconsciousness, hysteria, pain and any substantial impairment of bodily function
serious injury- includes a combination of injuries, or one major injury(broken leg, loss of eye)
intentional- acted with the aim or purpose of committing the conduct
reckless- possible/probable consequences of conduct foreseeable & person persists regardless of the risk
Negligence- breach of duty of care
what is the term of imprisonment for causing serious injury intentionally.
what must you prove regarding the offender.
which court can this be heard
20years max
you must prove offenders intent was to inflict serious injury
Must go to trial no IOTS
causing serious injury recklessly where can this be heard.
give example.
do you have to prove intent
IOTS
father son fight but the mother gets hit. Father should have foreseen that it was probable that the mother would have been hit
father behaving recklessly- dont have to prove intent
what is s20 of the Crimes Act
what are the points proof
what is the jurisdiction
what is your arrest power
in regards to victim what 2 factors are considered when threatened
Threats to kill
- person
- without lawful excuse
- make to other person
- threat to kill
IOTS
s459
1) threat is intentional
2) person would fear threat
what is s21A Crimes Act
what are the points of proof
give 3 examples of this conduct
Stalking
- person
- must not engage
- engage in course of action
- stalking
- any other person
with the intention of causing physical or mental harm to the victim or
arousing apprehension or fear
1) following victim
2) entering or loitering near victims place
3) giving offensive material to victim
what are 2 exemptions of stalking
what is immaterial regarding stalking
- enforcement of criminal law
- administration of any act
it is immaterial whether stalking occurred outside of Victoria,
so long as the victim was in Victoria at the time at which that conduct occurred.
in relation to stalking what does it mean
“course of conduct”
conduct that is protracted or
conduct engaged in on more than one separate occassion
what is s22 CrimesAct
what are the points of proof
what is the jurisdiction
what is the arrest power
Conduct endangering life
- person
- without lawful excuse
- recklessly
- engages in conduct
- that may place another person
- in danger of death
IOTS
s459
