Serious Assault Flashcards
3 Specific Assaults Police offences
Sec.10, SOA - Assaults Police
Sec.198(A)(1), CA - Firearm against Law Enforcement Officer
Sec.192(2), CA - Aggravated Assault on Police
What is the appropriate charge for - cigarette burns to face
With intent to injure, DISFIGURES
External injury that alters appearance
What is the correct age to charge for Assaults Child
Must be under 14years
What 4 things is INTENT determined by
Words witness heard
Admission of intent
Extent of harm
Weapons or degree of force used
Is INTENT determined by Past Behaviour
No
An example of Doctrine of Transferred Malice
Throw a bin but miss intended target and hit someone else
Example of: INJURY WOUNDS DISFIGURE GBH MAIM
Injury - lose consciousness by punch to head Wounds - gash to leg Disfigure - facial scarring GBH - fractured skull Maim - lose finger
An example of a Conditional Threat
“Now leave or you’ll get this in your face”
A conditional threat is an assault. The condition does not negate the offence.
If an offender raises their fist and demonstrates a punch and the victim believes the offender can harm them, is this an assault
Yes
What is the appropriate charge for:
Reckless in a bar with a pool cue
Acted with reckless disregard, for the safety of others
What type of injury is:
A stab wound with a lung puncture
Wound
If an offender throws a rock at the victim but misses, is this an assault
Yes
Scenario - punch victim in face when confronted trying to steal a car
What is appropriate charge
Aggravated Assault
Aggravating feature - facilitate flight
Is there a charge for mutual play fighting
No
In a rugby game, is there implied consent to undergo reasonable risks associated with the game
Yes
What does injure mean
To cause actual bodily harm
Scenario - officer punched when doing 2W (wta)
What is appropriate charge
Aggravated Assault on Police - sec 192(2)
Scenario - intentionally smashing glass in face twice
What is appropriate charge
Wounding with Intent
Scenario - if offender threatening with screwdriver to facilitate crime or escape
What is appropriate charge and why
Aggravated Wounding because:
‘By any violent means, rendered any person incapable of resistance’
If offender intends to cause GBH but only makes a shallow cut, can you still charge for GBH
Yes
Is a wound
- skin broken
- internal injury
- nose bleed
Yes
Yes
No
What must you prove for Aggravated Assault or Wounding charge
- offender foresaw that their actions were likely to expose others to risk or harm
- offender meant to cause harm
Note: it doesn’t matter if the offender has no intent or made no warning
If Assault with Intent to Injure when victim is not directed target, can you still charge with Intent to Injure
Yes
It doesn’t matter if the the victim was the intended target or not
What does Actual Bodily Harm include
- unconsciousness
- psychological issue
- any hurt or injury interfering with the health of the victim
Note: does not include black eye or bruise
Things to consider when dealing with Assault
- degree of harm
- intentions
- surrounding circumstances
Note: not that the offender attempted to apply force
Re: Assault with a Weapon, Sec.202C does “Anything” include a vehicle
Yes because “anything” is not defined
Does Disfigurement need to be permanent for Wounding with Intent to Injure charge - Sec.188(2)
No
What must you prove for any Aggravated Wounding or Injury charge Sec.191
The commission or attempted commission of a crime
Note: not anything under SOA
What is Intentional Application
- trying to strike but hits another
- inadvertently hits another
Note: not pushing or reckless and inadvertently applied
