Yes, any defendant convicted of joint assault on another person will be criminally convicted. The criminal offence of police prosecution was introduced in New South Wales in response to the tragic death of a young child. Before pleading guilty and rendering a verdict in court, it is advisable to speak to a criminal defence lawyer who has experience in assault law. What makes an attack worse? It is the objective seriousness of the attack that prompts a judge to decide whether and, if so, how many aggravating factors are present. These include: Types of attacksAssaults during public riots | Attack or resistance against the police| Bodily harm with intent to rape | Actual bodily harm in cases of grievous bodily harm Sexual assault charges | A defense in sexual assault charges| Indecent bodily harm There are four (4) types of assault under the Crimes Act 1900. The first type is a serious assault by the perpetrator, which involves real and physical contact with the victim, resulting in serious injury or bodily harm to the victim. The second is a serious attack, but does not involve injury to the victim. The third is an ordinary attack and the fourth is harassment. For the purposes of this article, we will discuss the third type of attack – the ordinary attack. Hitting a horse and knocking the rider over would be an attack. An action can cause serious damage or other injury, but it does not constitute an attack. Letting someone else take a harmful drug is not an attack: R v Walkden (1845) 1 Cox 282.
For example, if you were convicted of an ordinary assault offence and the police facts indicate that the injury caused resulted in a bone fracture of the victim. The fact that the injury caused a fracture would also justify a more serious offence of serious bodily harm under the law. But the judge may disregard this when pronouncing the verdict. The reference to fractures does not have to be taken into account by the judge. Other defense mechanisms include coercion and necessity. A personal injury attorney may be able to use this defense to help you avoid a criminal conviction. In Samuel v. Stubbs (1972) 4 SASR 200, it was stated that damaging the officer`s hat by kicking him three times before jumping on it was described as a “temporary functional disorder” of the cap. It is a crime to intentionally or recklessly attack a person without their consent when the attack causes “actual bodily harm” to that person. An attack is an act that leads another person to stop the immediate and illegal violence. While most attacks involve unwanted physical contact, an attack does not necessarily require actual physical contact. All it takes is for the victim to perceive physical contact.
So, for example, if one person raises their fist towards another person, an attack could be detected even if the other person was not actually hit. In law, this is called the distinction between “assault” (physical contact) and “attack” (fear of physical contact). You may not have been guilty of an assault for other reasons, such as because your actions were not an attack or the actions were accidental but not reckless, such as hitting someone on a crowded street. A charge of joint assault is laid if a physical assault did not result in bodily harm or injury. Assault is the actual infliction of unlawful force against others. But the word “assault” now describes both crimes: see DPP v. JWH (NSWSC unrep, October 17, 1997). This concept was perhaps most broadly interpreted in Barton v. Armstrong [1969] 2 NSWR 451, p. 455, where it was held that if the threat causes an immediate fear of physical violence, an assault may occur even if the complainant does not know when physical force may be exercised. Barton v Armstrong was examined and distinguished in R v Knight (1988) 35 A Crim R 314.
Bodily injury and actual bodily harm are dealt with in section 59 of the Offences Act 1900. What constitutes “actual bodily harm” has been decided by the courts in case law. This includes any injury or injury that affects the health or well-being of the person being attacked. It may also include a recognizable psychiatric illness, such as a major depressive illness or an anxiety disorder caused by the stroke. As in the case of ordinary bodily injuries, the Public Prosecutor`s Office may decide to have them reviewed by the District Court. It carries a maximum penalty of seven years` imprisonment. In the case of a regular sentence for bodily harm for a first offence, the sentence will generally be lighter than for a second offender or sub-offender. The police do not have to prove that the alleged victim actually feared physical or mental harm. The former football star, who has had a distinguished professional career in Europe, was denied bail for allegedly beating his girlfriend, and he appeared before Judge Michael Price later in the morning. If the evidence is weak to prove any of these elements of the indictment, the charge may be withdrawn earlier through negotiations with the prosecution if these weaknesses are identified early enough in police evidence. Conviction for assault has adverse consequences. The severity of the effects depends on the work that the convicted person normally performs.
Many workplaces do not allow employees to work with a criminal conviction and, therefore, if charged with assault, the person could lose their job with no prospect of employment elsewhere. In addition, a person is not guilty of bodily harm if the physical contact was accidental or an integral part of daily life. The following types of behaviour may constitute a joint attack: Unlawful detention is also bodily harm: Hunter v Johnson (1884) 13 QBD 225 (detention of a child after school by a teacher, without legal authorization). The circumstances of an attack are usually very personal, so it is imperative that you consult a lawyer if you have been charged with assault. Barwick J., in The Queen v Phillips (1971) 45 ALJR 467, p. 472, described a common law attack as follows: “Such an attack necessarily involves fear of injury or instillation of fear or anxiety. It does not necessarily imply physical contact with the person being attacked: this physical contact, when it takes place, is also not an element of the attack. “Hitting a person with a stick or fist is an attack, even if the hitting person misses the target; Drawing a weapon such as a knife or throwing a bottle or glass with intent to injure or beat it constitutes an attack; as well as any other similar act indicating an intention to use force against the person of others: Martin v Shoppe (1837) 3 C&P 373. Ordinary assaults are prosecuted under section 61 of the Crimes Act 1900 and are usually dealt with by a district court; However, the Public Prosecutor`s Office may choose to have a joint case of bodily injury dealt with by the District Court. What is serious bodily injury? An assault is considered serious, that is, serious, which warrants a heavier penalty if there are aggravating factors in a bodily harm case. Common assault is defined and punished in the Crimes Act 1900 (NSW).
Section 61 of the Crimes Act 1900 provides that “any person who attacks any person even if he does not cause actual bodily harm shall be liable to two years` imprisonment”. In any conviction, the onus is on the police to obtain sufficient evidence to prove that the defendant is guilty of assault charges. This includes proving beyond a doubt that the accused bought, intended to injure or threatened to violently injure another person; that these acts were intentional or reckless; the applicant has not given consent; and that the attack took place without lawful excuse (self-defence, accident, etc.). A threat to beat a person even at such a distance that contact becomes impossible may constitute an attack if it instills fear of immediate violence in the victim: R v Mostyn [2004] NSWCCA 97 to [71]. There are a number of legal defences that can be invoked in response to an assault charge. The defence of a legal apology is available in situations where one person comes into physical contact with another (sometimes causing pain) and consent is given for physical contact, such as when a doctor or dentist treats a patient or plays sports. However, in sport, if the player makes contact outside the rules of the sport – such as an illegal tackle – and it results in the injury of the other player, it can constitute an attack.
