Miscellaneous Assaults

Question 1

What are the ingredients of assault with a weapon - s202C(1) - CA 1961?

What is the penalty?

Answer 1

Answer:
(a) In assaulting any person

 uses any thing as a 
 weapon; or

(b) while assaulting any person

 has any thing with him or her in circumstances that 
  prima facie show
 an intention to use it as a weapon.

Answer:
Max 5 years imprisonment

Question 2

What are the ingredients for Assault with intent to commit sexual violation - s129(2) CA 1961?

What is the Penalty?

Answer 2

Answer:
1. With intent to commit sexual violation

2. Assaults any person

Answer:
Max 10 years imprisonment

Question 3

What are the ingredients of Common Assault s196 CA 1961?

What is the Penalty?

Answer 3

Answer:
1. Assaults

2. Any Person

Answer:
Max - 1 year Imprisonment

Question 4

What is the difference between Common Assault under the Summary offences Act and the Crimes Act?

Answer 4

Answer:
The ingredients are both the same

• The difference lies in the nature of the assault
• Summary offence Act assaults range from things like
  a simple push or a threat to assault someone to something
  like a punch that causes only minor abrasions or bruising
• The range of Crimes Act assaults may start at a punch
  that causes a major swelling or bruising or that
  knocks a tooth out. A number of punches that cause
  more than a trifling, but not serious injury would also
  constitute a Crimes Act common assault.

Question 5

What are the ingredients of Common Assault s9 Summary Offences Act 1981?

What is the Penalty?

Answer 5

Answer:
1. Assaults

2. Any Person

Answer:
Max - 6 months Imprisonment. Fine $4000

Question 6

What are the ingredients of Ill-treatment or neglect of child or vulnerable adult s195 Crimes Act 1961?

What is the penalty?

Answer 6

Answer:
1. Being a member of the same household as the
victim;
or a person who is a staff member of any hospital,
institution, or residence where the victim resides.

2.knows that the victim is at risk of death, grievous
bodily harm, or sexual assault as the result of—
(i) an unlawful act by another person; or

(ii) an omission by another person to discharge or 
     perform a legal duty if, in the circumstances, that 
     omission is a major departure from the standard of 
     care expected of a reasonable person to whom 
     that legal duty applies; and

3. fails to take reasonable steps to protect the victim
   from that risk.

Answer:
Max 10 years imprisonment

Question 7

What are the ingredients of Failure to Protect Child or Vulnerable Adult s195A Crimes Act 1961?

What is the penalty?

Answer 7

Answer:
1. A person who has actual care or charge of the
victim;
or a person who is a staff member of any hospital,
institution, or residence where the victim resides.

2. Intentionally engages in conduct that, or omits to
   discharge or perform any legal duty the omission of
   which
3. Is likely to cause suffering, injury, adverse
   effects to health, or any mental disorder or disability
   to a child or vulnerable adult (the victim) if the
   conduct engaged in, or the omission to perform the
   legal duty, is a major departure from the standard of
   care to be expected of a reasonable person.

Answer:
Max 10 years imprisonment

Question 8

What is s197 Crimes Act 1961 and name the ingredients?

Answer 8

Answer:
S197 CA 1961 is Disabling
The ingredients are

1. Wilfully and without lawful justification ro excuse
2. Stupefied or render unconscious
3. Any other person

Question 9

In relation to assault What is implied consent?

Answer 9

Answer:
People commit technical assaults every day when they touch, shake hands, kiss or hug.
The acquiescence (agreement or acceptance) by holding out a hand to shake, turning a cheek to be kissed is implied