LAWS1206 Lecture Notes - Lecture 10: Assault Occasioning Actual Bodily Harm, Actus Reus, Mens Rea
Week 6
Monday, 27 March 2017
08:52
Topics
Prevalence
Common assault
By threat of force
Assault by use of force
Relevance consent
Aggravated assault
Assaults accompanied by a particular intention
Assaults committed on particular classes of people
Assalts resulting in harm of a particular kind
ABH
GBH
Pure mental harm
Intoxication evidence and assaults
Law Reform: one punch laws in NSW
Prevalence: BOCSAR statistics
Often a lot of guilty pleas
Common assault to aggravated assault
find more resources at oneclass.com
find more resources at oneclass.com
find more resources at oneclass.com
find more resources at oneclass.com
Aggravated assault
Statutory offences can be divided into 3 classes:
1. Assaults accompanied by a particular intention
2. Assaults committed on particular classes of people: police officers ie
3. Assaults resulting in harm of a particular kind (ABH, GBH, pure mental harm)
Common Assault
Section 61: Common assault prosecuted by indictment
1. Actus reus: assaults, not occasioning actual bodily harm
2. No obvious MR
61 Common assault prosecuted by indictment
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable
to imprisonment for two years
Many more specific and overlapping aggravated assault offences are explicitly
defined by the NSW legislature in the Crimes Act 1900 (NSW)
Definition of the AR and MR of common assault still relies on the common law
deriving from Offences against the Person Act 1860
Fagan v Commissioner
“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.”
Unlawful touching through the mechanism of the vehicle
Concurrence: problems here
MR: 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.
Elements of common assault : Fagan v Commissioner of Metropolitan
1. By threat of force
By intentionally or recklessly threatening (causing another to apprehend
immediate and unlawful personal violence)
AR: threatening (without consent)
MR: intentionally(to bring about an result, HeKawTeh) or recklessly(foresight
of the possibility , subjective awareness , Coleman
1. Or by use of force
Intentionally or recklessly touching without consent
AR: touching (without consent)
MR: intentionally (test and authority) or recklessly (test and authority)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Assaults committed on particular classes of people. Assalts resulting in harm of a particular kind. Statutory offences can be divided into 3 classes: Assaults committed on particular classes of people: police officers ie assaults resulting in harm of a particular kind (abh, gbh, pure mental harm) Actus reus: assaults, not occasioning actual bodily harm. Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years. Many more specific and overlapping aggravated assault offences are explicitly defined by the nsw legislature in the crimes act 1900 (nsw) Definition of the ar and mr of common assault still relies on the common law deriving from offences against the person act 1860. 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.
