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27 Oct 2012 Indecent assault: s 61L. Actus reus (:Fitzgerald v Kennard): Common assault (physical contact without consent or lawful excuse/act causing apprehension of) and. Mens rea (:Fitzgerald v Kennard): Intention or recklessness to commit the act/s, and. Max penalty: 5 years imprisonment.
20 Feb 2013 Assault refers to either the crime of putting another person in fear of an unlawful contact, or the actual application of force without a lawful excuse. It is catergosied into many different types of assault, which can be broadly separated into common assaults and aggravated assaults.
22 Oct 2012 Aggravated assault is an umbrella term for a range of assault offences which are more serious than the common assault offence. Actus reus: common assault + the occasioning of actual bodily harm. Mens rea: common assault (no need for specific intent to do actual bodily harm).
26 Oct 2012 This article deals with the offences sexual and indecent assault. The substantive law for sexual and indecent assault offences is fairly complex, so a succinct outline of the requirements for the different offences is provided in Sexual and Indecent Assault (Outline).
Aggravated assault is an umbrella term for a range of assault offences which are more serious than the common assault offence. The assaults are considered 'aggravated' because of certain consequences, intents, or circumstances. Some of the 'consequence' driven aggravated assault offences, and their respective
25 Feb 2013 Consequences - some crimes require a certain circumstance from the act to render it a particular crime (such as the death of the victim to render an assault a murder). Causation - where there is a required consequence (as in murder), it must be established that the act actually caused the consequence.
Assault. Assault is a direct threat by the defendant that causes the plaintiff to (reasonably) apprehend some imminent unwanted contact with his person. From that definition, the elements of an assault can be broken down as follows (all must be proven):. Direct threat by the defendant: Words:.
22 Oct 2012 Contents. [hide]. 1 Required Reading; 2 The Trial and Proving Lack of Consent; 3 Statutory reforms; 4 The prosecution of sexual assault; 5 Child Sexual Assault. 5.1 Prosecution; 5.2 Conclusions. 6 End; 7 References
25 Feb 2013 In offences where specific circumstances are an element of the actus reus (eg, assault of a police officer, rape), mens rea will not be satisfied unless the prosecution proves that there was no honest and reasonable mistake on behalf of the defendant (ie, that he knew or reasonably should have known of the
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