Assault (VCE SSCE Legal Studies): Flashcards
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Legal definition of assault
Legal definition of assault
Intentional/reckless force or threat without lawful excuse
Legislation for common assault (Vic)
Legislation for common assault (Vic)
Section 23 Summary Offences Act 1966 (Vic)
Max penalty for common assault (Vic)
Max penalty for common assault (Vic)
15 penalty units or 3 months' imprisonment
3 elements prosecution must prove
3 elements prosecution must prove
Force/threat applied; intentional/reckless; no lawful excuse
Definition of 'reckless' in assault
Definition of 'reckless' in assault
Acting with conscious awareness of potential harm
Lawful arrest defence
Lawful arrest defence
Reasonable force during lawful arrest by police officer
Factor increasing assault seriousness
Factor increasing assault seriousness
Vulnerability of victim (young, elderly, disability)
Factor lessening assault seriousness
Factor lessening assault seriousness
Guilty plea, genuine remorse, no prior convictions
% male offenders (common assault Vic 2018-21)
% male offenders (common assault Vic 2018-21)
85%
Physical impacts on assault victims
Physical impacts on assault victims
Pain, bruises, cuts, broken bones, work interference