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Law Notes Principles of Criminal Law Notes

Violence Non Fatal And Non Sexual Notes

Updated Violence Non Fatal And Non Sexual Notes

Principles of Criminal Law Notes

Principles of Criminal Law

Approximately 149 pages

These notes discuss the foundations and principles of Criminal Law in Queensland. It covers all aspects of the Criminal Code and it's applicability in certain hypothetical situations. The notes are thoroughly in depth and also use case law to illustrate the relationship between the Code and Common Law. These notes include the relevant sections of the Criminal Code and all facts and holdings for relevant cases, including most full citations....

The following is a more accessible plain text extract of the PDF sample above, taken from our Principles of Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Notes The Principles of Criminal Law VIOLENCE NON-FATAL AND NON-SEXUAL * 22 | Two categories those where assault is an element those where assault is not an element Exam The Principles of Criminal Law Notes Assault Based Offences * * * The Code first defines assault and then has its consequences At common law, there is a distinction between assault and battery the Code dispensed of this as it doesn't work at a practical level Assault now covers all bases Criminal Code 1899: s245 Definition of Assault (1) A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent, or with the other person's consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person's consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person's purpose, is said to assault that other person, and the act is called an assault. (2) In this section--- applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort. s246 Assaults unlawful (1) An assault is unlawful and constitutes an offence unless it is authorised or justified or excused by law. (2) The application of force by one person to the person of another may be unlawful, although it is done with the consent of that other person. Assault is an element in the following sections of the Criminal Code * * * * * * * * * * * * * * * * s247-267(Various exculpations) s268-9 (Provocation) s270 (Prevention of repetition of insult) s271-3 (Self-defence and aiding in self defence) s274-9 (Defence of moveable property and premises) s280 (Domestic discipline) s281 (Discipline of vehicle) s282-2A (Medical matters) s283 (Excessive force) s284 (Consent to death immaterial) s335 (Creation of offence and penalty for common assault) s338A (Assault on aircrew) s339 (Assault occasioning bodily harm) s340 (Serious assaults) s346 (Assaults in interference with freedom of trade or work) s348, s351-2 (Sexual assaults) - note definition of consent SEMESTER ONE | 23

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