Escolar Documentos
Profissional Documentos
Cultura Documentos
unlawful force
Battery inflicting unlawful force
Aggravated assault
Wounding
o Shepherd [2003] NSWCCA 351, [31]-[32] (Kirby J; Meagher JA and Shaw J
agreeing)
breaking the inner layer of skin (dermis), not outer layer (epidermis)
application of force; or
act causing victim to apprehend immediate infliction of force
Stalking
7.2.1.2 Spitting
DPP v JWH (unreported, NSWSC, 17 October 1997) (Hulme J)
7.2.1.3 Omissions
Fagan v Commissioner of Metropolitan Police [1969] 1 QB 439, 439 (James J) (QB)
Cannot be reckless
(e.g. duelling)
The majority held that the defence should be rejected for sadomasochistic activities.
Wilson [1997] QB 47
Brown did not hold that consent could never be a defence. Instead, Brown held that
Defence did not apply to sexual activities that caused actual bodily harm.
Patients or authorised people (e.g. parents or guardians) may give express consent.
Consent may be implied in emergencies.
Consent must be informed the nature and risks of the procedure must be explained
Consent must be given freely not under duress
(1) In criminal proceedings brought against a person arising out of the application of
physical force to a child, it is a defence that the force was applied for the purpose of the
punishment of the child, but only if:
(a) the physical force was applied by the parent of the child or by a person acting
for a parent of the child, and
(b) the application of that physical force was reasonable having regard to the age,
health, maturity or other characteristics of the child, the nature of the alleged
misbehaviour or other circumstances.
(2) The application of physical force, unless that force could reasonably be considered
trivial or negligible in all the circumstances, is not reasonable if the force is applied:
(a) to any part of the head or neck of the child, or
(b) to any other part of the body of the child in such a way as to be likely to cause
harm to the child that lasts for more than a short period.
(3) Subsection (2) does not limit the circumstances in which the application of physical
7.4.2 Sport
arrest
Crimes Act ss 37-38, 58 assault with intent to commit indictable offence
years imprisonment)
o D [1984] 3 NSWLR 29 (NSWCCA) level of negligence = gross negligence
Crimes Act s 35 malicious infliction of GBH
Causing a disease is included in the definition of grievous bodily harm (s 4), and may
drug or thing
Crimes Act ss 39-41A use of poison or other destructive or noxious thing to cause
injury
Crimes Act ss 46-48, 55 use of explosive or corrosive substance to cause injury
people (s 44)
Assault on clergy engaged in duties (s 56)
Assault on persons endeavouring to preserve vessel in distress (s 57)
Assault or threaten crew member of aircraft or vessel while on board (s 206)
Crimes Act s 58 assault, resist or wilfully obstruct officer while in execution of duty
o Applies to constables, special constables, customs officers, prison officers,
sheriffs officers, bailiffs, or anyone aiding such officers
o Max penalty = 5 years
o Table 2 offence under Criminal Procedural Act 1986 if dealt summarily,
o Assault, stalk, harass, intimidate third pary with whom law enforcement
officer has domestic relationship (s 60B)
Max penalty = 5 years
ss 60, 60A + actual bodily harm = 7 years
ss 60, 60A + wounding or GBH = 12 years
o summary offence resist, hinder, incite person to assault, resist or hinder,
police executing duty (s 546C)
max penalty = 12 months/10 penalty units/both
o indictable offence wounding or inflicting GBH with intent to resist/prevent
lawful arrest/detention of anyone (s 33)
o ss 33A, 33B indictable offences use, attempted use of firmarm, or
threatened use of offensive weapon, or threat to injury person or property, with
intent or prevent lawful arrest or detention
Lawful execution of duty
Lawful authority
Valid warrant of apprehension
Reasonable grounds to suspend offence (LEPRA s 99)
Noordhof v Barlett (1986) 31 A Crim R 417 no warrant of apprehension, not
executing duty
No need for knowledge of police executing duty (per Menzies J; Taylor and Owen
agreeing)
intimidated
Manton [2002] NSWCCA 316 police officer does not need to be so intimidated that
it influenced or deterred some action in course of duty
Crimes Act s 60E assault, stalk, harass, intimidate school student or staff when
attending school
o Max: 5 years
o + actual bodily harm = 7 years
o + GBH = 12 years