Assult Flashcards
1
Q
Assault
A
An act that causes or threatens to cause physical harm
2
Q
Elements of assault
A
- the accused applied force or threatened to apply force
- the application of force was intentional or reckless
- now lawful jurisdiction of the actions existed
3
Q
Defences to assault
A
-consent
-lawful correction of child
-lawful arrest
-self-defence
-mental impairment
-duress
-sudden or extraordinary emergency
-involuntary acts
4
Q
Role of common law
A
the law and definition of assault was developed in common law, as did many of the defences
5
Q
Role of statute law
A
The Crimes Act 1958 includes several serious assault offences while the Summary Offences Act 1966 focuses on minor assaults
6
Q
Trends and Statistics of Assault
A
Across Australia, the rate of assault has continued to increase. Most assaults occur in the home.
7
Q
Possible impacts on the offender
A
-guilt or shame
-legal cost
-medical treatment and coast if injured
8
Q
Possible impacts o
A
