What are different types of offences and violence and how are they dealt with?
In general terms, assault means either assault, which is threatening the victim about doing enormous harm (physically) or the battery, which means doing harm (physically) to the victim.
Normally Mens Rea for assault is considered to have the intension of threatening somebody (generally the victim) to harm physically. And the Actus Rea is to frighten the victim for harming physically.
There are lots of things related to assault or offence. Some of them are described below briefly.
Actual Bodily Harm
Actual body harm can be non-permanent. There is no necessity of it to be permanent. It can be simple itches or scratches or even bruises. Emotional harms or tortures are not considered as any bodily harm unless any evidence of psychiatric harm has been found. Intent of assault is unnecessary and can be sentenced to a 5 year or 7 year.
Grievous Bodily Harm
In this case, the victim is harmed (physically) seriously. But this requires a solid proof for intent to assault. If not found then the accused may be acquitted. Penalty in this case can be a 10 year or 14 year or even a 25 year. And if the offense is done recklessly (with the intent), then there can be a 4 year standard non parole period or 5 years. But recently this has been upgraded to 7 years.
Reckless wounding refers to breaking or cutting in such a way that affects at least two of the skin layers. And the Mens Rea for this is to have the foresight of the grievous bodily harm. The penalty can be 7 years or 10 years or it can be even 25 years if there is a proved intent to harm. There is also a standard 7 years period of non-parole according to the recent upgrade.
If the assault is only intimidating the police officer in execution of his duty with or without any actual bodily harm, then there can be a 5 years penalty. If the officer is wounded seriously, then the penalty can be for 12 years with a standard non-parole 5 years period. But the main thing is the police officer has to be on duty while the offence is being committed. Otherwise the offence will be considered as other normal assaults and the accused will be penalized accordingly.
Again, hindering a police officer, while executing his duties, carries a 12 months’ imprisonment and $1100 fine. The person who has run away will not be charged of hindering an officer. And also using an offensive instrument of any firearm to hinder in arrest making of an officer will be considered as an offence.
Kidnapping is a severe offense in which the victim is abducted without his consent for any kind of advantage. Most of the time kidnapping is done for ransom.
Sexual Assault and Related Offenses
Sexual intercourse means to have sex with or without permission. And when it is done without permission, it becomes a punishable assault or offense. A person consents to make sexual intercourse only if he does it willingly. Gaining the consent for making sex by threatening or frightening or harming (physically) is the offense to be considered. If any sexual assault harms bodily then it will be an offense with the penalty of 20 years imprisonment. There are many other laws also regarding this aspect.
This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. Criminal lawyers Penrith ,Criminal lawyers Wollongong, Criminal Lawyers Parramatta, Criminal Lawyers Sydney
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.