Assault

Question 1

What is a assault?

Answer 1

An assault is any act which intentionally or possibly recklessly – causes another person to apprehend immediate violence.

Question 2

What is the transfer of malice?

Answer 2

not necessary to prove that the person harmed was the intended victim.

Question 3

What are the proofs of common assault

Answer 3

Struck, touched or applied force to another (battery), or,
threatened another with immediate violence (assault)
Intentionally or recklessly
Without consent (cannot be used as a defence to abh assault)
Without lawful excuse

Question 4

What are the correct sections in the Crimes Act, for the following offences;

• Common assault
• Assault police
• Assault occasioning abh
• Reckless wounding/GBH
• Wounding or GBH with intent

Answer 4

S61 - Common assault
S60A - Assault police
S59 - Assault occasioning abh
S35 - Reckless wounding/GBH
S33 - Wounding or GBH with intent

Question 5

What are the 7 defences to assault

Answer 5

Lawful chastisement - the parent used reasonable force for age/size/etc and not to head or neck, or anywhere else that would cause harm for more than a short period
Self defence or defence of property - must be reasonable as they perceive them.
Lawful arrest - reasonable
Medical examination
Physical force used accidentally - bumping into someone etc
sporting event - boxing etc.
Body decoration - tattoo/body piercing

Question 6

What is aoabh?

Answer 6

Any hurt or injury calculated to interfere with the health or comfort of another.
It need not be permanent or amount to GBH
Psychiatric injury amounts to abh (chan fook)

Question 7

What is the definition of a wound?

Answer 7

The whole skin must be broken - the dermis and epidermis

Question 8

What is GBH assault

Answer 8

GBH an act causing serious and permanent or serious disfigurement of a person.

Question 9

What should you do if you doubt the injury amounts to GBH?

Answer 9

Charge with aoabh

Question 10

What is the section for discharge firearm with intent?

Answer 10

33A

Question 11

What are the elements of discharge firearm with intent?

Answer 11

Discharge any firearm or loaded arms
Attempts to discharge any firearm or other loaded arms.
With intent to cause gbh
OR
With intent to resist or prevent his or her lawful arrest or detention.

Question 12

What is the alternative verdict to s33

Answer 12

Section 35