Topic 8

Question 1

1. What is an assault?

Answer 1

Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence

Question 2

2. Give some examples of an assault.

Answer 2

Advancing towards someone with clenched fists

Using a dog as a weapon

Non-consenting kiss

Spitting on a person

An unlawful arrest

Question 3

3. What are three categories of assault?

Answer 3

GBH
ABH
Common Assault

Question 4

4. Explain grievous bodily harm.

Answer 4

Any permanent or serious disfiguring of a person

Question 5

5. Explain wounding.

Answer 5

Breaking the continuity of the skin - through the epidermis to dermis

Question 6

6. Explain actual bodily harm.

Answer 6

Any hurt or injury calculated to interfere with the health or comfort of the victim

Question 7

7. Explain common assault.

Answer 7

Any assault or injury less than ABH and can include words if these words put the victim in fear of actual violence

Question 8

8. What section of the Crimes Act 1900 (NSW) deals with wounding or grievous bodily harm with intent?

Answer 8

S33

Question 9

9. What section of the Crimes Act 1900 (NSW) deals with reckless grievous bodily harm or wounding?

Answer 9

S35

Question 10

10. What section of the Crimes Act 1900 (NSW) deals with assault occasioning actual bodily harm?

Answer 10

S59

Question 11

11. What section of the Crimes Act 1900 (NSW) deals with common assault prosecuted by indictment?

Answer 11

S61

Question 12

12. Which elements are generic to assaults?

Answer 12

The accused

Assault
1. Intentionally or recklessly
2. Without lawful excuse

A person

Question 13

13. Explain ‘intentionally’

Answer 13

The accused intended to cause harm

Question 14

14. Explain recklessly’

Answer 14

If a person foresees that a particular result may come about because of a specific action and still goes ahead with the action.

Question 15

15. Explain ‘without lawful excuse’

Answer 15

No lawful justification for the action

Question 16

16. What are the elements of the offence of ‘Wounding or grievous bodily harm with intent s33 of the Crimes Act 1900 (NSW)?

Answer 16

The accused
Assaulted
1. Intentionally
2. Without lawful excuse
A person
Causing wounding or GBH

Question 17

17. What are the elements of the offence of ‘Reckless grievous bodily harm or wounding s35 of the Crimes Act 1900 (NSW)?

Answer 17

The accused
Assaulted
1.Recklessly
2. Without lawful excuse A
A person
Causing wounding or GBH

Question 18

18. What are the elements of the offence of ‘Assault occasioning actual bodily harm’ s59 of the Crimes Act 1900 (NSW)

Answer 18

The accused
Assaulted
1. Intentionally or recklessly
2. Without lawful excuse
A person
Causing ABH

Question 19

19. What are the elements of the offence of ‘Common assault prosecuted by indictment” s61 the Crimes Act 1900 (NSW)?

Answer 19

The accused
Assaulted
1. Intentionally or recklessly
2. Without lawful excuse
Without consent
A person

Question 20

20. Why is consent important where assaults are concerned?

Answer 20

Consent can only be given for common assault

Question 21

21. Explain ‘criminal liability’

Answer 21

Where a person is considered liable for a criminal act

Question 22

22. Explain ‘strict liability’

Answer 22

An offence that does not require proof of mens rea

Question 23

23. Explain ‘actus reus’

Answer 23

A wrongful act

Question 24

24. Explain mens rea

Answer 24

The intention to perform an unlawful act

Question 25

25. Explain 'temporal coincidence

Answer 25

Mens rea and Actus reus happen at the same time

Question 26

29. Explain Table 1 offences.

Answer 26

The matter will be heard at a local court by a magistrate unless the prosecutor or defence elect to have it heard by a judge and jury at a district court

Question 27

30. Explain Table 2 offences.

Answer 27

The matter will be heard at a local court by a magistrate unless the prosecutor elect to have it heard by a judge and jury at a district court

Question 28

31. Explain strictly indictable offences.

Answer 28

The matter will be heard in the district or supreme courts

Question 29

32. What might be a legal defence to an assault? Name at least four legal defences.

Answer 29

Self defence Accidental use of force When consented to Medical procedures Lawful correction (slapping a child) Blood samples Defence of family Defence of home or property Lawful arrest

Question 30

33. S418 of the Crimes Act 1900 (NSW) talks about what?

Answer 30

When self defence if applicable in assault

Question 31

34. S61AA of the Crimes Act 1900 (NSW) talks about what?

Answer 31

Defence of lawful correction

Question 32

35. S37 of the Crimes Act 1900 (NSW) talks about what?

Answer 32

Choking, suffocation and strangulation

Question 33

36. S60 of the Crimes Act 1900 (NSW) talks about what?

Answer 33

Assault and other actions against police officers

Question 34

37. What are the elements of the offence of 'Violent disorder’ according to s11A of the Summary Offences Act 1988 (NSW)

Answer 34

3 or more people using or threatening unlawful violence Where a person of reasonable firmness would fear for their safety Each person using or threatening violence is guilty

Question 35

38. What are the elements of the offence of 'Affray'according to s93C of the Crimes Act 1900 (NSW)?

Answer 35

The accused uses or threatens violence to another person The conduct would cause a person of reasonable firmness to fear for their safety

Question 36

39. What are the elements of the offence of 'Riot' according to s93B of the Crimes Act 1900 (NSW)?

Answer 36

12 or more people use or threaten unlawful violence for a common purpose The conduct together would cause a person of reasonable firmness to fear for their safety The accused must have used violence

Question 37

40. Explain 'common purpose'.

Answer 37

An agreement: we agree to commit a crime together so we are all liable

Question 38

41. Explain 'criminal complicity'.

Answer 38

When a group have a common purpose and act in concert

Question 39

Explain ‘acting in concert’

Answer 39

The doing of a crime together