Assault

Question 1

List relevant concepts of Assault

Answer 1

Relevant concepts of Assault

• Recklessness
• Criminal Liability
• Temporal Coincidence
• Mens rea and actus reus
• Legal defences to assault

Question 2

Define Assault

Answer 2

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.

Question 3

Assaults can include

Answer 3

• 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

Question 4

What is section 61 of the Crimes Act?

List elements

Answer 4

Crimes Act, Section 61

Common assault

Elements

1. The accused
2. Assaulted
3. A person

To establish this element, it must also accommodate consideration of the following sub-categories:

1. Intentionally or recklessly
2. Without consent
3. Without lawful excuse

Question 5

What is Section 60 of the Crimes Act

Answer 5

Crimes Act, Section 60

Assault and Other Actions Against Police

Question 6

What is Section 59 of the Crimes Act?

List elements

Answer 6

Crimes Act, Section 59

Assault occasioning actual bodily harm

Elements

1. The accused
2. Assaulted
3. A person
4. Occasioning actual bodily harm

Question 7

What is the definition of actual bodily harm?

Answer 7

Includes any hurt or injury calculated to interfere with the 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.

Question 8

What is section 35 of the Crimes Act?

Answer 8

Crimes Act, Section 35

RECKLESS grievous bodily harm or wounding

Question 9

Explain “Reckless”

Answer 9

An injury is caused recklessly if the accused foresaw the possibility of causing actual bodily harm to the victim by his or her actions yet he or she went ahead and acted as he or she did.

Question 10

What is section 33 of the Crimes Act?

Answer 10

Crimes Act, Section 33

Wounding or grievous bodily harm with INTENT

Question 11

What is the definition of Wound?

Answer 11

Defined at common law, wounding involves the breaking of the skin.

It is an injury in which the skin, tissue, or an organ is broken by some external force such as a blow or incision or deep laceration, with damage to the underlying tissue.

Question 12

What is Section 37 of the Crimes Act?

Answer 12

Crimes Act, Section 37

Choking, suffocation and strangulation

Question 13

What is Section 418 of the Crimes Act?

Answer 13

Crimes Act, Section 418

Self-defence when available

Question 14

What is Section 61AA of the Crimes Act?

Answer 14

Crimes Act, Section 61AA

Defence of lawful correction

• It is a defence that the force was applied for the purpose of the punishment of the child. Force must be reasonable.

Question 15

Explain the Mens rea of Assault.

Answer 15

The INTENTION to effect an unlawful contact or to create an apprehension of imminent unlawful contact in the mind of the other person.

Question 16

Explain the Actus reus of Assault.

Answer 16

The unlawful CONTACT or the ACT creating apprehension of such an unlawful contact.

Question 17

What are legal defences for assault?

Answer 17

• Self-defence
• Accidental use of physical force
• When consented to, for example, sports
• Medical procedures
• Defence of Lawful Correction
• Defence of family
• Defence of home or property
• Lawful arrest or execution of process

Question 18

What is Section 11A of the Summary offences Act?

Explain it.

Answer 18

Summary offences Act, Section 11A

VIOLENT DISORDER

• 3 or more (conduct taken together)
• Use or threaten violence (incl. words alone)
• Towards persons or property

Question 19

What is section 93C of the Crimes Act?

Explain it.

Answer 19

Crimes Act, Section 93C

AFFRAY

• 1 or more persons
• Used or threatened violence
• Towards another person
• Causing fear to a person of reasonable firmness

Question 20

What is section 93B of the Crimes Act?

Explain it.

Answer 20

Crimes Act, Section 93B

RIOT

• 12 or more
• Defendant must use violence
• Common purpose, towards person or property

Question 21

What does Criminal Complicity Mean?

Answer 21

Where two or more people are involved in a Criminal Act.

Question 22

What is common purpose?

Answer 22

Common Purpose = the Agreement

Question 23

What is Acting in concert?

Answer 23

Agreement to commit the crime together (Common Purpose) now becomes the doing of the crime together (Acting in concert).

Question 24

What does wilfully mean?

Answer 24

Wilfully means that the act is done deliberately and intentionally, not by accident,

Question 25

Obscenely means?

Answer 25

Obscenely means offensive to modesty or decency.

Question 26

What is Section 61KE of the Crimes Act? List elements.

Answer 26

Crimes Act, Section 61KE SEXUAL ACT Elements - The offender - Knowing the victim does not consent - intentionally - Carried out a sexual act - Towards the victim/s

Question 27

What is Section 61KF of the Crimes Act? List elements.

Answer 27

Crimes Act, Section 61KF AGGRAVATED SEXUAL ACT Elements - The accused - Without consent of the alleged victim - knowing the victim does not consent - Intentionally - Carried out a sexual act - Towards the victims - In circumstances of aggravation

Question 28

What is Section 61KD of the Crimes Act? List elements.

Answer 28

AGGRAVATED SEXUAL TOUCHING Elements - The accused - Sexually touches the victim - Without the consent of the alleged victim - Knowing the victim does not consent - In circumstances of aggravation

Question 29

What your main duty when someone presents as a sexual assault victim?

Answer 29

Two main duties 1. Victim care 2. Crimes scene preservation

Question 30

What are the four major types of child abuse?

Answer 30

Four major types of child abuse 1. Physical 2. Sexual 3. Psychological/ Emotional 4. Neglect

Question 31

One way to remember your first response duties is to use the acronym: (DR E ALPINE) What does this stand for?

Answer 31

(DR E ALPINE) D - Duty Officer and supervisor to be notified R - Respectful and supportive of the victim E - Ensure the victim’s immediate safety A - Assess and attend to urgent medical needs including Sexual Assault Investigation Kit (SAIK) and/or Early Evidence Kit (EEK) L- Liaise with criminal investigation staff P - Privacy of the victim I - Identify and secure any primary/secondary crime scene and/or other forensic evidence N - Notebook entry E - Encourage the victim not to change

Question 32

Why may child abuse and / or neglect occur?

Answer 32

- Socially and/ or geographically - Differing cultural perspectives - Lack of sufficient parenting skills - Mental health and physical health issues - Parent or carer deliberately harms a child or young person - History of violence, including domestic violence - Direct contact with previous offenders of child abuse or neglect

Question 33

define physical abuse of a child.

Answer 33

Non-accidental injury or pattern of injury

Question 34

Explain "Risk of significant harm" (ROSH)

Answer 34

When the safety, welfare or well-being of a child is not being threatened or compromised but concerns exist.

Question 35

Explain "Immediate Risk of significant harm" (IROSH)

Answer 35

Likely to happen soon, threatening or close at hand and the safety welfare or well-being of the child is at significant risk.