Proofs of Assault

Question 1

Definition of Assault

Answer 1

• Assault is an offence at common law – no statutory definition
• QLD’s common law definition can be used:
  A person who applies force to another, without consent, or threatens/attempts to apply force to another without consent and has the apparent ability to carry out the threat is said to have assaulted the person.

Question 2

What section of the Crimes Act is Common Assault?

Answer 2

S. 61 Crimes Act – Common assault

Question 3

What are the proofs of Assault?

Answer 3

• Struck, touched, or applied force, or threatened or attempted to apply force
• Intentionally or recklessly
• Without consent
• Without lawful excuse

Question 4

What is necessary/not necessary to prove an assault?

Answer 4

• It is not necessary for offender to inflict any physical harm
• Assault can be caused by mere words alone
• Offender must cause a fear of imminent physical harm
• Victim does not have to actually be in fear – reasonable person test

Question 5

What section of the Crimes Act is Assault ABH?

Answer 5

S. 59 Crimes Act – Assault ABH

Question 6

What is the definition of Assault ABH?

Answer 6

Definition: Any hurt or injury calculated to interfere with the health or comfort of the victim. Need not be permanent, must be more than transient or trifling.

Question 6

What are the proofs of Assault ABH?

Answer 6

Proofs:
- Accused
- Assaulted the victim
- Thereby occasioned ABH
CONSENT IS NOT A DEFENCE

Question 7

What is the Definition of GBH?

Answer 7

• Any permanent or serious disfiguring of the person. Also includes destruction of a foetus of pregnant woman and causing a person to contract a grievous bodily disease.

Question 8

What are two types of GBH reckless offences?

Section and proofs?

Answer 8

S. 35 Crimes Act – Reckless GBH or Wounding

Recklessly cause GBH
- Accused
- Causes GBH
- Is reckless to causing ABH

Reckless wounding
- Accused
- Wounds any person
- Is reckless to causing ABH

S. 33 – Wounding or GBH with intent

Question 9

Define a Wound

Answer 9

Involves the breaking or cutting of the interior layer of skin (dermis). The injury must bleed/pour out, not just ooze.

Question 10

Explain what Police need to prove ‘recklessness’

Answer 10

For GBH offences, police must prove beyond reasonable doubt the accused foresaw the possibility of ABH.

It must be proven:
1) Accused turned their mind to possibility the action may cause ABH and,
2) Nevertheless, they went and did it anyway

Question 10

Explain ‘Transfer of Malice’

Answer 10

• It is not necessary for the person intended to be harmed to be the one actually harmed.
• The ‘mens rea’ is transferred from the person intended to be injured to the person actually injured.
• E.g. If someone intends to assault person A with a bat and misses, hitting person B, they are still guilty of an
  assault

Question 11

What is required to prove offence of intimidating police?

Answer 11

• Police officer must experience fear/apprehension caused by the accused’s acts or words.
• It does not need to be proven that is caused the police officer to or refrain from doing something in the cause of their duty.

Question 12

What are the defences to Assault?

Answer 12

AB CLAMPS

A- Arrest (Lawful arrest of person)
B – Blood samples (Road transport, medical)

C – Consent (E.g. contact sports, common assault only)
L – Lawful chastisement
A – Accident
M – Medical examination
P – Defence of Property
S – Self Defence or defence of others

Question 13

What are the 3 things necessary for self- defence in an assault allegation?

Answer 13

• They believed it was necessary to do what they did
• There were reasonable grounds for that belief
• The conduct is a reasonable response in the circumstances

Question 14

What is necessary for defence of lawful chastisement?

Answer 14

• Force was applied by parent or someone acting for the child
• Force was reasonable having regard for age, health and maturity of child and nature of misbehaving
• The force is not reasonable if:
• Applied to neck
• In any way likely to cause harm that lasts more than a short period

Question 15

What section under the Crimes Act is Strangulation?

Answer 15

S. 37 Crimes Act – Choking, Suffocation and Strangulation

A person is guilty of an offence if the person intentionally chokes, suffocates or strangles another person without consent

1) A person is guilty if:
a) Intentionally chokes, suffocates or strangles another person so as to render the person unconscious, insensible or incapable of resistance
b) Is reckless as to rendering the person that way

2) A person is guilty if:
a) Same as A
b) Does so with intention of enabling himself or herself to commit or assist in committing another indictable offence

Question 16

SCENARIO

• A male arms himself with a bat and approaches a person in the street. The male knows this person and has hated him for years. He hits him several times with the bat, screaming “I’m going to bust you up so bad”. The victim requires an operation in which several metal plates are inserted into his arm.

What is the most appropriate offence? Is this deliberate/actual or reckless intent?

Answer 16

S. 33 Crimes Act – Wounding or inflict GBH with intent

Intent is actual/deliberate, evident by his words spoken and the number of strikes

Question 17

What is the case law for R V BLACK?

Answer 17

Alternative verdict If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 35, the jury may acquit the person of the offence charged and find the person guilty of an offence
against section 35. The person is liable to punishment accordingly.