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Assault, Wounding and Related Offences

Assault, Wounding and Related Offences. Claus & Stephanie. Common assault: s 61. Section 61  Crimes Act 1900

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Assault, Wounding and Related Offences

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  1. Assault, Wounding and Related Offences Claus & Stephanie

  2. Common assault: s 61 Section 61 Crimes Act1900 •  “Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years”. An assault may be established by proof of either physical contact (battery), or an act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence Extent of injury • As a charge of common assault does not involve actual bodily harm, an offence is not mitigated by virtue of the fact that the injuries suffered by the victim were minor: R v Williams (unrep, 30/5/94, NSWCCA). The offence in that case was found to be objectively serious, as the offender had punched the victim in a cold and calculated manner.

  3. There are three factors that relevant to assessing the objective of a personal violence offence: • 1. The extent and nature of the injuries • 2. the degree of violence • 3. The mental element of the offence. • It was observed that “bodily harm” includes any hurt or injury calculated to interfere with the health or comfort of the victim; it need not be permanent but must be more than merely transient or trifling.  • Physical and emotional reactions to an assault such as difficulty sleeping, memory problems, anxiety and poor concentration were therefore matters properly taken into account in sentencing for common assault. 

  4. Wounding • Wounding is not defined in Crimes Act. It was been defined under common law as the breaking of the skin • The consequences of a wounding can vary widely: A case involving significant wounding does not by virtue of that factor alone fall into the worst case category. • The offender’s mental state is a relevant factor, particularly if there is a degree of mental disturbance and an absence of premeditation: • The consequences of a wounding can vary widely and may be quite minor. • A case involving significant wounding does not by virtue of that factor alone fall into the worst case category.

  5. Related Offences Attempt to choke: s 37 It is an offence under s 37 Crimes Act 1900 to attempt to choke, suffocate or strangle a person with intent to commit an indictable offence. The maximum penalty is 25 years imprisonment.  Administer intoxicating substance: s 38 Section 38 Crimes Act 1900 sets out an offence of administering an intoxicating substance with intent to commit an indictable offence. The maximum penalty remains at 25 years imprisonment. Assaults against police officers It is an offence under s 58 Crimes Act 1900 to assault an officer in the execution of his or her duty. The maximum penalty is 5 years imprisonment • Child Abuse • Gang” assaults

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