LANA SAMLAL AND BRITTNII WOODS. ASSAULT, WOUNDING AND RELATED OFFENCES . define: assault.
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ASSAULT, WOUNDING AND RELATED OFFENCES
In general terms, personal violence offences may be differentiated according to the degree of harm inflicted upon the victimand the intention of the offender, ranging from common assault to those offences where the offender has the intention to inflict a particular type of harm, such as the intentional infliction of grievous bodily harm. There are also those offences where a heavier maximum penalty applies due to the occupational status of the victim, most notably assaults upon police officers.
Section 35 sets out the following offences and maximum penalties when committed on or after 27 September 2007:
Like the previous form of s 35, there are still two categories of offence depending upon the type of injury inflicted with corresponding higher maximum penalties.
Section 33B provides it is an offence to use, attempt to use, threaten to use, or possess an offensive weapon or instrument, or threaten injury to any person or property with any of the following states of mind:
Section 60 Crimes Act 1900 sets out further offences relating to the assault of police officers while in the execution of their duty. The offences are:
- When a ‘gang’ bands together, in a brutal and cowardly pack attack with weapons, on a single unarmed and defenceless victim
Certain objective mitigating factors which may arise with relative frequency in the context of personal violence offences