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79 Pages • Complete Study Notes • Year: Pre-2021
Assault 1. Identify parties: X v Y 2. Jurisdiction: told/assume events happened in Queensland = Qld law to applies 3. Offence: “Section 335 of the Code creates the offence of assault”. a. 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: s 335 CC. 4. Definition: “Section 245(1) of the Code provides a definition of assault”. 5. Unlawful: “Section 246(1) makes assaults unlawful unless authorised, justified or excused by law”. 6. Two types: a. Direct or indirect actual application of force (battery @ CL) = Limb 1 b. Threatened or attempted application of force (assault @ CL) = Limb 2
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