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Violence Non Fatal And Non Sexual Notes

Law Notes > Principles of Criminal Law Notes

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Notes


The

Principles

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Criminal

Law

VIOLENCE NON-FATAL AND NON-SEXUAL

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Two categories o those where assault is an element o those where assault is not an element

Exam


The

Principles

of

Criminal

Law

Notes

Assault Based Offences

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The Code first defines assault and then has its consequences At common law, there is a distinction between assault and battery o 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

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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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