Topic 4 - Non-fatal offences against the person

Question 1

Collins v Wilcock

Answer 1

• the slightest touching may constitute a battery
• certain everyday physical contacts, like a hand on the shoulder to engage attention, are generally acceptable due to implied consent for touching in the “exigencies of everyday life”

Question 2

State v Barry (1912) and Pemble v R (1971

Answer 2

• victim must be aware for an assault to occur

Question 3

R v Ireland (1997)

Answer 3

• offence of inflicting grievous bodily harm could be committed even though no physical violence was applied directly/indirectly to a victim’s body

Question 4

Crimes Act s 15

Answer 4

Definitions - injury, serious injury, harm to mental health, physical injury etc

Question 5

Crimes Act s 16

Answer 5

Causing serious injury intentionally

Question 6

Crimes Act s 17

Answer 6

Causing serious injury recklessly

Question 7

Crimes Act s 18

Answer 7

Causing injury intentionally or recklessly

Question 8

Crimes Act s 24

Answer 8

Negligently causing serious injury

Question 9

Crimes Act s 20

Answer 9

Threats to kill

Question 10

Crimes Act s 21

Answer 10

Threats to inflict serious injury

Question 11

Crimes Act s 21A

Answer 11

Stalking

Question 12

Crimes Act s 22

Answer 12

Conduct endangering life

Question 13

Crimes Act s 23

Answer 13

Conduct endangering persons

Question 14

Endangerment offences

Answer 14

• criminalised due to potential to cause harm
• apply Abdul-Rasool

Question 15

R v Abdul-Rasool (2008)

Answer 15

• reasonable person in the accused’s position would have realised their conduct would have placed the person at an appreciable risk of death/serious injury (OBJECTIVE)
• accused foresaw the probability that their conduct would place the person at an appreciable risk of death/serious injury and continued anyway

Question 16

Crimes Act ss 32-34A

Answer 16

Female circumcision / genital mutilation or cutting
- exceptions
- consent not a defence

Question 17

R v Wilson (1996)

Answer 17

• consensual activity between husband and wife in the privacy of the matrimonial home was not a matter for the courts

Question 18

R v Emmett (1999)

Answer 18

• irrelevant whether sadomasochistic games were hetero/homosexual

Question 19

Relevant cases for the limits of consent

Answer 19

• R v Brown
• R v Wilson
• R v Emmett
• R v Stein

Question 20

Fagan v Metropoliton Police Commissioner

Answer 20

• assault cannot be committed by omission
• not considered necessary that the mens rea coincide with the actus reus for the whole time, as long as there is some overlap

Question 21

Definition of serious injury

Answer 21

Injury that:
- endangers life OR
- is substantial and protracted OR
- unlawfully destroys a foetus of a pregnant woman

Question 22

Lawful excuses to use force

Answer 22

• lawful arrests
• self-defence
• duress
• consent (sometimes)

Question 23

De minimis non curat lex

Answer 23

‘The law does not concern itself with trifles’
- form of implied consent (‘exigencies of everyday life)