Assault
Assault generally includes battery although assault and battery are separate crimes. An assault is any act which intentionally or recklessly causes another person to apprehend immediate unlawful violence. An assault can be committed without touching another person. The act must be a hostile one. An assault can be committed recklessly where the accused foresees the likelihood of inflicting injury or fear and ignores the risk.
Battery is the intentional or reckless application of direct force to the person of another. It must be made in an angry, revengeful, rude, insolent, or hostile manner.
Common assault carries a maximum penalty of two years jail. Assault occasioning actual bodily harm carries five years. When, maliciously inflict grievous bodily harm with intent, is charged there must be specific intent. The penalty for maliciously inflicting grievous bodily harm is seven years.
It is an offence to resist or wilfully obstruct police in the execution of their duty, punishable by imprisonment for a maximum period of 5 years. For the offence of assaulting, stalking or intimidating a police officer in the execution of his duty where no actual bodily harm is inflicted the maximum penalty is five years. Where a police officer is assaulted in the execution of his duty and he suffers actual bodily harm the maximum penalty is five years and the standard non-parole period is three years. For the offence of malicious wounding or inflicting grievous bodily harm on a police officer whilst in the execution of his duty, the maximum penalty is 12 years.
It is an offence to possess, use, attempt or threaten to use an offensive weapon with intent to commit an indictable offence or to prevent or hinder the arrest of any person or any investigation. The maximum penalty is 12 years or if a company, 15 years. It is an offence to shoot at or attempt to discharge a loaded firearm at any person with intent to resist the lawful arrest of any person. Penalty is 25 years.
Sexual Assault
Sexual intercourse constitutes oral sex, anal sex, insertion of objects and continuation of any of the above.
Aggravated sexual assault occurs where:
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the offender maliciously inflicts actual bodily harm on the victim or any other person who is present or nearby at the time of, immediately before or immediately after sexual assault; or
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the offender threatens the victim or any person present or nearby with an offensive weapon or instrument; or
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the victim is under the age of 16; or
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the victim is under the authority of the offender; or
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The victim has serious physical or intellectual disability.
The maximum penalty for aggravated sexual assault is 20 years with a standard non-parole period of 10 years. Sexual assault is having sexual intercourse with a person without their consent and knowing that they are not consenting. Reckless indifference will suffice. The test is an entirely subjective one.
Non consensual sexual intercourse amounts to sexual assault. For sexual assault the maximum penalty is normally 14 years and carries a standard non-parole period of seven years. An attempt to commit this offence earns the same penalty as the offence.
Children
A person who has sexual intercourse with a child under 10 is liable for 20 years imprisonment. A person who has sexual intercourse with a child between 10 and 14 years old is liable for 16 years imprisonment. If it constitutes aggravated sexual assault the penalty is 20 years (section 66C(2). A person who has sexual intercourse with a child between the ages of 14 and 16 is liable for a penalty of 10 years. If it constitutes aggravated sexual assault the penalty is 12 years i.e. where the offender maliciously inflicts actual bodily harm on the victim or any other person who is present or nearby.
A person who has homosexual intercourse with a child under 10 years is liable to imprisonment for 25 years
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