Introduction
In this assignment, I will be explaining specific elements of non-fatal offence, comparing the elements of two specific non-fatal offences and I will also be evaluating the law and sentencing for each section of non-fatal offences.
Types of Non-Fatal Offences
1. Assault
2. Battery
3. Assault occasioning actual body harm (ABH) Section 47 OAPA
4. Inflicting grievous bodily harm or wounding Section 20 OAPA
5. Inflicting grievous bodily harm or wounding with intent Section 18 OAPA
Assault
An assault simply means intentionally or recklessly causing the victim to become frightened immediately, unlawful harm. An assault is conceded by a threat causing bodily harm with an apparent. It’s a crime and a tort consequently they both result in ether criminal or civil liability.
Actus reus of Assault
The actus reus of assault is any act that leads the victim to apprehend an instant infliction of unlawful violence. Actus reus under assault has three different elements. The three different elements are; causing the victim to apprehend violence, immediate violence and unlawful violence.
Causing the victim to apprehend violence does not require any physical element between the defendant and the victim. The importance of the situation is what the victim thought was going to happen. Even though the defendant might have taught their threat was a joke, I would not be an assault if the victim is adequately frightened. This can be related to Logdon v DPP [1976] Crim LR 121 where the
What it does take to constitute an assault is an unlawful attempt to commit a battery
Sexual Assault described in technical terms is defined as any sort of sexual activity between two or more people in which one of the people involved is involved against his or her will. (3) The description of "against his or her will" extends to varying degrees of aggression, ranging from indirect pressure to a direct physical attack. While sexual assaults are associated with the crime of rape, it may cover assaults which would not be considered rape. What constitutes a sexual assault is determined by the laws of the jurisdiction where the assault takes place, which vary considerably, and are influenced by local social and cultural attitudes. Every year, an estimated 300,000 women are raped and 3.7 million are confronted with unwanted
Physical abuse > is anything done that harms someone physically, done with the intention to do harm.
Determining whether Queensland should re-introduce capital punishment as a sentence will be the focus of this assignment. Capital punishment, also
Actus reus is the behavior that the criminal law intends to punish. It is either an act of commission such as stealing, or an act of omission such as failing to file a tax return. Whether a person commits an act of commission or an act of omission, they are still doing something that is against the law. Mens rea is only punishable for voluntarily actions such as holding a gun and choosing to pull the trigger. When one
Or simply called, assault is the attempt to commit battery or do bodily harm. This is an act that is made to create fear of injury on a victim. You might be wondering if an actual physical contact is needed to find that a person is guilty of the crime – misdemeanor assault; the fact is, you don’t need to.
In some cases the words used are open to interpretation, which can lead to conflicting decisions based on the meaning of a single word. There is no clear statutory definition of assault or battery, this means that it is often left to a judge to decide his own meanings of the words and apply them in a case. This could lead to injustice as he may decide more strict meaning than is widely accepted as a definition. With the more serious offences the words are often antiquated and in some cases misleading for example "assault" and "maliciously". This is because it is an old piece of legislation, and the vocabulary used in 1861 has evolved to have different meanings in modern England.
In 2012 to 2013, there has been a decrease within violent offenses in Arizona. According to FBI Uniform Crime Reporting, since 2010, Arizona violent crime rates have remained greater than the country’s violent crime rate. Violent crimes as measured by four violent index offenses, being murder, rape, robbery, and aggravated assault. In the case of violent crimes, we will go into detail on Aggravated Assault. Aggravated assault has been described as the effort to cause severe physical injury to another. A.R.S. § 13-1204, also defines that the offender commits the assault intentionally, commits crime knowingly, purposely and intentionally. According to Block (1981), violent crime could be comprehended as social behavior, which consist of two individuals and their interaction. In the following case of aggravated assault, it would individual whom attacked an individual, which results in purposely inflicting bodily injury.
Physical abuse includes the smashing of furniture and personal belongings, being pushed or shoved, being held against your will,
Sexual assault can be easily defined in the SHARP Handbook as “Intentional sexual contact characterized by use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (including unwanted and inappropriate sexual contact), or attempts to commit these acts.” (Glossary, DoDD 6495.01, 23 Jan 12] ) While it may be easy to define it is not always so easy to detect or prevent.
In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert.
If I were conducting an in-service to my fellow officers over the five elements needed to constitute a crime, I would do by going over, explicitly what each element is and provide an example. Furthermore, I would then tie all elements in together for a larger example. According to Brody and Acker (2010), Professor Jerome Hall developed the framework of the five general elements to a crime, which are:
The first kind is called physical violence. Physical abuse, including assault, is the intentional use of force against a person without that person's consent. It can cause physical pain or injuries . Physical abuse includes:
White R & Haines F, Crime and Criminology: An Introduction, 2nd ed, Oxford University Press, Melbourne, 2000.