LAWS1206 Lecture Notes - Lecture 6: Detainer, Cutting In Line, Mount Isa Mines
Week 6 – assault
Overview
Prevalence
Common assault
oassault by threat of force
oassault by use of force
Relevance of consent
Aggravated assault
oAssaults accompanied by a particular intention
oAssaults committed on particular classes of people (eg. s 60E)
oAssaults resulting in harm of a particular kind
oABH
oGBH
opure mental harm
Intoxication evidence and assaults
Law reform perspective:
oOne punch laws in NSW as assaults or homicides
I. Common assault
Complaining about the structure of the Offences Against the Person Act 1861 (UK)
from which NSW law on assault derives:
o“The arrangement is so obscure, their language so lengthy and cumbrous, and
they are based upon and assume the existence of so many singular common
law principles that no-one who was not already well acquainted with the law
would derive any information from reading them” (B&McS fn 3 p 582) Sir
James Stephen to Sir John Holker 1877
oSurely the complaints of these dead white males in 1877 are still not true of
NSW assault provisions in the Crimes Act 1900 (NSW) in 2018?
What is the actus reus and mens rea as clearly stated in the follow provisions:
os 61 – useless in two senses; word assault; word actual bodily harm; word
occasioning
Only telling what the maximum penalty is
os 59 – no definition of ABH or assault; same issues
os 35
os 33
From common assault to aggravated assault
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“These statutory offences can be divided into three classes:
Assaults accompanied by a particular intention
Assaults committed on particular classes of people
Assaults resulting in harm of a particular kind [ABH, GBH, pure mental harm]”
What is the description of the AR and the MR provided by the text of s 61 Common assault
prosecuted by indictment as set out in the Crimes Act 1900 (NSW)?
61 Common assault prosecuted by indictment
oWhosoever assaults any person, although not occasioning actual bodily harm,
shall be liable to imprisonment for two years
Fagan v Commissioner of Metropolitan Police [1969] 1 QB 439
“An assault is any act which done intentionally or possibly recklessly which causes
another person to apprehend immediate and unlawful personal violence . . . and the
actual intended use of unlawful force to another person without his consent.” (Fagan
[1969] 1 QB 439, 444)
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find more resources at oneclass.com
Common assault by…
Recklessness test
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find more resources at oneclass.com
Document Summary
Common assault: assault by threat of force, assault by use of force. Aggravated assault: assaults accompanied by a particular intention, assaults committed on particular classes of people (eg. s 60e, assaults resulting in harm of a particular kind, abh, gbh, pure mental harm. Law reform perspective: one punch laws in nsw as assaults or homicides. James stephen to sir john holker 1877: surely the complaints of these dead white males in 1877 are still not true of. What is the actus reus and mens rea as clearly stated in the follow provisions: s 61 useless in two senses; word assault; word actual bodily harm; word occasioning. Only telling what the maximum penalty is: s 59 no definition of abh or assault; same issues, s 35, s 33. These statutory offences can be divided into three classes: Assaults committed on particular classes of people. Assaults resulting in harm of a particular kind [abh, gbh, pure mental harm] .
