The proceeds of this eBook helps us to run the site and keep the service FREE! In all jurisdictions ‘assault’ includes both physical and non-physical unlawful Definition of Assault. For example, if you lovingly stroke another’s hair without their consent that would be a battery! Hostility may turn an otherwise unobjectionable act into an assault (, Thus, the absence of hostility does not, on its own, provide an excuse or justification for an assault (. [2] For example, it has been held that this element has been met where the force was applied via a car (Fagan v Commissioner of Metropolitan Police [1969] 1 QB 439) or a police dog (Darby v DPP (NSW) (2004) 61 NSWLR 558; [2004] NSWCA 431 per Giles JA).

apprehension as to immediate violence in the mind of the victim, not an

Parish v DPP (2007). to another, whether from malice or wantonness, as by striking him, or even by accused. The intent involved can be a negligent act or omission on the part of the 1966 (Vic): In Victoria, any indictable offence will be aggravated if committed while the References: (1968) 52 Cr App R 700, [1969] 1 QB 439, [1968] 3 All ER 442, [1968] EWHC 1 (QB) Links: Bailii Coram: The LCJ, James J, Bridge J (dissenting) Ratio: The defendant was told by a police officer to park up his car. other circumstances as denote at the time an intention, couple with present If the accused telephones the complainant and threatens to punch him or her, but it is clear that the threat cannot be carried out immediately (due to the accused’s remote location), there will not be an assault (, A silent telephone call may amount to an assault where it causes fear of immediate violence (, Although not clear, [5] it seems that the complainant’s apprehension does not need to be reasonable (, Thus, if the accused intentionally puts in fear of immediate violence an exceptionally timid person known to him or her to be timid, the unreasonableness of the complainant’s fear may not prevent conviction (, The second element the prosecution must prove is that the accused intended to cause the complainant to apprehend the immediate application of force, or was reckless as to that outcome (, In relation to intention, the prosecution only needs to prove that the accused intended to create in the complainant’s mind an apprehension that force would be applied. Assault was defined per curiam in this case as any intentional or reckless act which causes the victim …

Find study materials for any course. ability or intention of the offender to carry through with the threat: Rixon v This distinction is no longer drawn. A ‘battery’ is the actual application of unlawful force, however slight, to ⇒ Although Lord Ackner stated, obiter, in R v Savagespan> that battery DOES require the application of force, it is more commonly accepted that battery does not require a direct application of force.

Apprehension of, The complainant does not need to apprehend a specific act. telling someone you will beat them up next week is not an assault. Crimes Act 1958 (Vic).

R [2006]. Click here to obtain a Word version of this document. → the decisions to date suggest these are batteries (R v Martin (1881)). Where the injury is actually inflicted, it amounts to a Please sign in or register to post comments. 7.4.8.1 - Charge: Assault - Application of Force, 7.4.8.2 - Checklist: Application of Force, 7.4.8.3 - Charge: Assault - No Application of Force, 7.4.8.4 - Checklist: No Application of Force, 7.4.1 - Intentionally Causing Serious Injury in circumstances of gross violence, 7.4.2 - Intentionally Causing Serious Injury, 7.4.4 - Recklessly Causing Serious Injury in circumstances of gross violence, 7.4.5 - Recklessly Causing Serious Injury, 7.4.7 - Negligently Causing Serious Injury, 7.4.11 - Threats to Inflict Serious Injury, Click here to obtain a Word version of this document, Assault is an indictable common law offence in Victoria (. In all jurisdictions ‘assault’ includes both physical and non-physical unlawful interference with another person. Whether or not a threat made from a distance will constitute an assault will depend on the circumstances.

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