Week 5 - Assault Overview Of Offences

Question 1

Three Main AR Categories for Assault

Answer 1

• Basic offences
• Aggrevated Consequence
• Circumstances of aggravation

Question 2

Assault -Basic Offences

Answer 2

• Assault /Battery s61,s59,s60
• Intimidation-s60
• Throws a missile s60(1)-(1A)

Question 3

Assault-Aggravated Consequence

Answer 3

Actual bodily harm-s59,60(2)-2A

Grievous bodily harm s4 definition ,s35,33,54,60(3)-3A

Wounding s35,33,60(3)-3A

Question 4

Assault-Circumstances of Aggravation

Answer 4

In company -s35

Police officer in execution of duty -60

Question 5

Mens Rea for Assault

Answer 5

Basic intent s61,59,60,35

Specific Intent s33

Recklessness s61,59,60 (Common law intent/recklessness foresight of possibility the action would take place),s35 statutory reckless as to actual bodily harm

Negligence s54

Absence of Honest and Reasonable mistake of fact-s60 police officer in execution of duty

Absolute -s59 ABH