335 Common assault by mifei

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									THE OFFENCE OF COMMON ASSAULT
Section 335 Criminal Code of Queensland Any person who unlawfully assaults another is guilty of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for 3 years.

Definitions DEFINITION OF “ASSAULT”
Section 245 Criminal Code of Queensland Definition of assault (1) A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an assault. (2) In this section— applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.

Definitions compiled by Senior Sergeant Russell Reynolds, Queensland Police Service Toowoomba District Court Brief Manager, November 2006

THE OFFENCE OF BODILY HARM
Section 339 Criminal Code of Queensland (1) Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for 7 years. (3) If the offender does bodily harm, and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 10 years.

Definitions DEFINITION OF “ASSAULT”
Section 245 Criminal Code of Queensland (1) A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an assault. (2) In this section— applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort. Section 1 Criminal Code of Queensland In this Code—

DEFINITION OF BODILY HARM
bodily harm means any bodily injury which interferes with health or comfort. AUTHOR’S NOTE: In Queensland, it is preferable that there is also some form of visible injury which brings the assault somewhere between a “Common Assault” and an “Unlawful Wounding”. Definitions compiled by Senior Sergeant Russell Reynolds, Queensland Police Service Toowoomba District Court Brief Manager, November 2006

THE OFFENCE OF UNLAWFUL WOUNDING
323 Wounding and similar acts (1) Any person who— (a) unlawfully wounds another; or (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any person; is guilty of a misdemeanour, and is liable to imprisonment for 7 years.

Definitions WHAT “WOUNDING” ACTUALLY MEANS”
Halsbury’s Law of England: In order to constitute a wounding there must be an injury to the person by which the skin is broken; the continuity of the whole skin must be broken, not merely that of the cuticle or upper skin. The skin severed need not however, be external; but it is not sufficient to prove merely that a flow of blood was caused…. C (a minor) v Eisenhower [1984] The word “wound” meant a break in the continuity of the true skin. In this case, an airgun pellet which hit the victim in the eye and ruptured internal blood vessels was not considered “wounding” because it did not pierce the true skin. R v Smith (1837) The nature or means by which the continuity of the true skin is broken is irrelevant

Definitions compiled by Senior Sergeant Russell Reynolds, Queensland Police Service Toowoomba District Court Brief Manager, November 2006

THE OFFENCE OF GRIEVOUS BODILY HARM
Section 320 Criminal Code of Queensland Any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable to imprisonment for 14 years.

Definitions
Section 1 Criminal Code of Queensland In this Code—

DEFINITION OF GRIEVOUS
grievous bodily harm means— (a) the loss of a distinct part or an organ of the body; or (b) serious disfigurement; or (c) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health; whether or not treatment is or could have been available.

Definitions compiled by Senior Sergeant Russell Reynolds, Queensland Police Service Toowoomba District Court Brief Manager, November 2006

THE OFFENCE OF RAPE
Section 349 Criminal Code of Queensland (1) Any person who rapes another person is guilty of a crime. Maximum penalty—life imprisonment. (2) A person rapes another person if— (a) the person has carnal knowledge with or of the other person without the other person’s consent; or (b) the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent; or (c) the person penetrates the mouth of the other person to any extent with the person’s penis without the other person’s consent. (3) For this section, a child under the age of 12 years is incapable of giving consent.

DEFINITION OF CARNAL KNOWLEDGE
Section 6 Criminal Code of Queensland (1) If carnal knowledge is used in defining an offence, the offence, so far as regards that element of it, is complete on penetration to any extent. (2) Carnal knowledge includes sodomy. AUTHOR’S NOTE: The dictionary definition for “carnal knowledge” will suffice. The intention is to convey that the act of rape is different from the act of sexual intercourse which implies consent. Also of note is that “carnal knowledge” does not, by this definition, have to involve ejaculation.

Definitions compiled by Senior Sergeant Russell Reynolds, Queensland Police Service Toowoomba District Court Brief Manager, November 2006


								
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