Indecent Assault S135 CA 1961

Question 1

What are the Elements for Indecent Assault
135 CA 1961?

Answer 1

Indecent Assault
135 CA 1961

• A person
• Does indecent act on
• A young person

Question 2

A person

Answer 2

Person
JN CE – Gender neutral

RTS

Question 3

A person

Answer 3

Person
JN CE – Gender neutral

RTS

Question 4

Indecently Assaults

Answer 4

Definitions
Indecent – An act accompanied by circumstances of indecency.

Assault – as per sec 2 CA 1961 – The act of applying or attempting to apply force to the person of another.

Indecent Assault – R v LEESON – The definition of Indecent assault is an assault accompanied by circumstances of indecency.

R v DUNN – Indecency must be judged in light of time/place/circumstances. It must be more than trifling and be sufficient to warrant the sanction of law.
R v COURT – Conduct that right thinking people would find an affront to the sexual modesty of the complainant.

Must be proven in Court:
⦁ That the defendant intended to assault the complainant
⦁ That the circumstances accompanying the assault were indecent
⦁ That the defendant intended the conduct that a reasonable person would consider indecent.

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