LLB 130 Lecture Notes - Lecture 5: Crimes Act 1900, 2005 Cronulla Riots, Burstow
Document Summary
Common assault is defined under s 61 crimes act brought together the cl of battery and assault. Or: apprehension of imminent unlawful physical contact. Zanker: unlawful imprisonment - broader construction of the word imminence due to her being unlawfully prisoned when the threat was made. In recent years, the law has focussed on alcohol related violence thomas kelly patti(cid:374)g so(cid:373)eo(cid:374)e(cid:859)s shoulde(cid:396) o(cid:396) sho(cid:448)i(cid:374)g to get th(cid:396)ough a (cid:272)(cid:396)o(cid:449)d: no such thing legislated as (cid:858)agg(cid:396)a(cid:448)ated assault(cid:859) teaching term. Law enforcement legislation amendment (public safety) act 2005 (nsw) in response to cronulla riots assault. = 5 years, assault occasioning actual bodily harm = 7 years. 1 assault 2 battery now one offence: crimes act 1900 s61. Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years. Ordinarily will be dealt with summarily in local court (unless prosecutor elects) If tried summarily maximum penalty is 12 months or 20 penalty units.
