Meaning Of Physical Assault - 2 Assault is defined as direct or indirect force by one person on another person's body, clothing, or equipment. The coercion must be unlawful, intentional or reckless causing physical harm, pain, discomfort, loss, humiliation or deprivation of liberty.
3 Some statistics... Between 2010-11, the rate of assaults per 100,000 people increased by 3.7%. In 2010-11, the number of assaults increased from 35,100 to 36,962. During 2010-11 the number of domestic assaults increased by 24.9%, while domestic assaults decreased by 1.3%. The likelihood of home invasions is increasing. Discuss: 1. What do statistics tell you about attacks? 2. Where are attacks most likely to occur? Attacks are clearly on the rise. Assault does not involve physical contact. Threats of force can lead to attacks.
Meaning Of Physical Assault
4 Cohabitation is defined as having sex between close relatives which may include the brother, sister, mother, father, stepchild, uncle, grandfather, child or stepchild of the partner's Sex Offender Registration Act 2004 (Vic) makes the offense register Imprisonment for more than 25 years
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5 Assault is defined as assaulting a person in an improper manner without their consent. The person who commits the crime must know that the other person did not consent. The offense may include actions such as touching other people's breasts, buttocks, private parts. The maximum sentence is 10 years in prison
6 Rape is defined as intentionally having sex with another person without that person's consent, or failing to withdraw from a person after realizing the lack of consent; The law applies to men and women equally, or any combination, of penetrating a man's genitalia, penis or mouth, or inserting an object or organ (not a pee) into another person's genitalia or anus. Consent is an important factor in rape and cannot be given out of fear, while asleep or under the influence of drugs or alcohol, or if it is believed to be medical treatment and is punishable by up to 25 years in prison.
7 links; Xydias Case Question 5 http://www.theage.com.au/national/xydias-to-pay-victims-1-million- 20091222-lbdd.html http://www.theage.com.au/national /xydias -paying-victims-1-million- 20091222-lbdd.html Criminal Law Question 6 http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/ http://www.theage. com.au/victoria/johnson-guilty-of-murder- 20110929-1kyuq.html http://www.theage.com.au/victoria/johnson-guilty-of-murder- 20110929-1kyuq.html
8 Complete your turn 'Check your understanding' Questions 1-4 Complete 'Use your understanding' Questions 5 and 6 (use the link provided)
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To make this website work, we log user data and share it with processors. To use this website, you must agree to our privacy policy, including our cookie policy. Assault is defined as intentionally or recklessly causing harm to a person and is charged as common assault, ABH or GBH depending on the severity. This will depend on a number of factors such as precipitating factors and the extent of the injury - a normal attack causes little damage or discomfort while GBH is more damaging to long-term health. The maximum sentence for ABH is three years, while the maximum sentence for GBH is life imprisonment.
Assault is a complex area of law. Nick Titchener, solicitor at Lawtons, breaks down the categories a case can fall under. Each assault case is different and the outcome depends on many factors, including:
It is up to a team of police and prosecutors to interpret the information and make an initial assessment of the seriousness of the case and the type of attack that may have occurred. The level of injury is a major difference in determining what level of criminal charges can be filed.
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The general definition of assault in the United Kingdom is to intentionally or negligently injure another person. Assault is often referred to as a crime against a person. Harm includes both physical and mental harm, including fear of personal safety.
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Different types of assault - such as GBH, ABH , common assault or battery - are each associated with different severity, with varying degrees of injury.
The worst type of assault is physically harming another person. A GBH case can be made in two ways:
GBH, whether in contravention of s.18 or s.20 OAPA, is very dangerous because, in many cases, the victim of GBH suffers serious, sometimes life-changing, injuries. They can also be left with chronic wounds or injuries.
If the violence is committed with a weapon or a weapon, the act may be classified as willful grievous bodily harm (section 18).
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Weapon equivalents are objects, objects or parts of the body that are not themselves weapons but can be weapons if used with intent, such as:
It is possible to inflict GBH with a single strike or punch, but if the incident is sustained, severe or prolonged, the more likely the effects will be as intended.
The use of weapons can also change the power of the case. For example, if the accused punched the victim once in the face resulting in a broken eye, it may be seen that the serious injury was not intended. On the other hand, if a knuckle duster is used, breaking the eye socket is likely to be considered intentional.
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In general, GBH convictions are the most costly of all. As the worst type of attack, its results reflect this. Depending on the elements of the offense and the level of harm caused, the starting point for sentencing can range from 3 to 16 years in prison.
Crimes Against The Person Assault And Sexual Offences Chapter Ppt Download
Whether the offense of GBH is committed recklessly or intentionally is a key factor in determining the appropriate range of punishment in court.
Along with other factors such as the level of injury, the court will consider several options and determine whether the rehabilitation options, not under custody, are appropriate compared to the current custody conditions.
If the facts of the case show a lesser degree of culpability, such as using one stroke, the result may be as little as a community order.
Where mortal wounds are inflicted but not great pain, cases of actual bodily harm (ABH) may constitute the crime of assault. Determining whether an injury should be considered serious is generally a matter of independent review. This will usually be the discretion of the prosecutor or police investigator, although legal guidelines and assessments provide the basis for this assessment.
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Assault can cause 'actual' harm by causing harm that interferes with the plaintiff's health or comfort. Actual injuries refer to the major consequences of the attack, meaning that the physical and mental injuries must be life-threatening but must be proven.
One such example where serious harm was caused was shown in a case where the defendant cut the plaintiff's hair, which adversely affected personal comfort and self-esteem.
If the defendant pleads guilty or is found guilty at trial, prosecutors can impose multiple sentences.
ABH cases can be heard 'as usual' in the Magistrates' Court or the Crown Court. Where the case goes to trial will depend on its seriousness and the resulting consequences can range from a community order (if the person is found to be a low risk) to 3 years in prison in the most serious cases heard by the Crown Court.
Assault Definition And Meaning
Common assault or battery usually involves touching someone unlawfully (when they have not 'quietly' consented, that is, if they are assaulted during a concert) but do not require injury.
According to the law, common assault or battery occurs when there is no more than a momentary or minor contact. Neither the police nor the prosecutor are required to present evidence of injury. Generally - depending on a few other factors - if there is no injury the plaintiff will choose not to prosecute the case in court because it would not be fair to do so.
Generally, minor assaults that cause minor injury or discomfort or pain will be prosecuted as common assaults.
Common assault is the only 'main' which is summary only, meaning it is different from ABH cases which can be heard in the Magistrates' Court or the Crown Court.
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When ABH is dealt with in a magistrate's court, it will usually be sentenced in the same way as common assault, the main point being to assess the circumstances and aggravating and mitigating factors. The maximum sentence for common assault is 6 months in prison,
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