FAQs matching Assault & Battery

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What is the definition of assault occasioning actual bodily harm?

Practice Areas: Assault & Battery, Criminal Law

In R v Donovan [1934] 2 KB 498; All ER 207; 25 Cr App R 1 (at 509; 212; 13), Swift J in the Court of Criminal Appeal said the following in relation to...

What is the law in relation to self-defence and property?

Practice Areas: Assault & Battery

Self-defence as a principle is available for acts in defence of property. However, use of lethal force is probably not justified under the test that Dawson...

What is assault?

Practice Areas: Assault & Battery

Bray CJ in MacPherson v Beath (1975) 12 SASR 174 outlined three principles in relation to assault, which are (at 177): “1. The actus reus of an...

Does mistaken belief also signify criminal intent in relation to criminal offences?

Practice Areas: Drug Offences, Assault & Battery, Robbery & Theft, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Criminal Law Matters, Terrorist Activities, Criminal Law

Dawson J in He Kaw Teh v The Queen (1985) 157 CLR 523; 60 ALR 449; 15 A Crim R 203, said that because intent forms part of a crime in common law, it is...

Are police officers required to handcuff every person placed under arrest?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications, Criminal Law Matters

 There is no general rule or requirement that a police officer must handcuff a person who is being arrested. Furthermore, there is also no requirement...

If there has been a determination of guilt by the courts: Do judges have the discretion not to record a conviction?

Practice Areas: Drug Offences, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Criminal Law Matters

In instances where a determination of guilt has occurred, the majority of people will probably hope that a judge will use their discretion to not record...

My child has been charged with an assault at his school. His math tutor would like to come court to support our son. Would this be possible?

Practice Areas: Children, Court Appearances, Assault & Battery, Witnesses and Victims

It depends on what State or Territory the Children's Court is sitting. In all Australian States and Territories, there are specialised children's courts...

A violence restraining order has been served on me. What does this mean?

Practice Areas: AVO/Domestic Violence, Court Appearances, Assault & Battery, Apprehended Violence Orders

When someone applies for a violence restraining order, the court usually hears the application as soon as possible at an interim hearing. Only the person...

If I am charged with an offence will I get bail?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Resisting Arrest, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications

Like many criminal law matters, the granting of bail is different in each State and Territory. As a general rule, there is a presumption that a person...

What are AVOs?

Practice Areas: Assault & Battery, Indecent and Sexual Assault, Apprehended Violence Orders, Victim Support

Apprehended violence orders (AVOs) are orders made by a court restricting the action of the person who the order is taken out against.  The purpose...

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