LAW1114 Lecture Notes - Lecture 11: Assizes, Criminal Negligence, Female Genital Mutilation
Document Summary
Common law assault and various crimes act offences against the person exist side by side. In exams you need to consider various offence(s) that might best (cid:494)fit(cid:495) the facts: d(cid:495)s act causes v to apprehend immediate and unlawful personal violence, or. Actus reus: d actually uses unlawful force on v. Mens rea: intentionally or recklessly without his/her consent. Assault may be prosecuted two ways as either: A summary crime - s. 23 of the summary offences act 1966 (vic) (cid:494)penalty: 15 penalty units or imprisonment for three months". An indictable crime fagan; r v patton & s. 320 of the crimes act 1958 (vic). Law, but the legislation in s320 crimes act outlines the (cid:494)maximum term of imprisonment for certain common law offences" including assault . Fagan accidentally rolled his car on to a policeman(cid:495)s foot, and would not get off when asked. (cid:498)fu*k you, you can wait (cid:499) which is up to 5 years imprisonment.
