BASICS

Burden of Proof (onus) Standard of Proof Elements of Offence (e.g. Legal burden on the Beyond reasonable doubt à Jury ) prosecution/crown à has to be convinced of the Responsibility to prove to the outcome without doubt jury that the defendant is guilty Insanity and s 23A Legal burden is on the Balance of probability à “more defendant not the prosecution probable than not” à Responsibility to prove to the jury level of insanity at time of incident - Other defenses - Evidential burden on - Provision of evidence the defendant à Reasonable - Involuntariness - Legal burden on the possibility prosecution - Beyond reasonable doubt

Prosecution must prove all elements of the offence beyond a reasonable doubt à Woolmington v DPP [1935]

Presumption that the act was voluntary (the accused can rebut this by satisfying an evidentiary burden) à Falconer (1990)

ASSAULT: COMMON

Whoever any person, although not occasioning actual bodily harm, shall be liable to imprisonment for 2 years

S 61 –

ACTUS REUS 1. Application of unlawful contact 2. Without consent of victim Must be an act NOT an omission à Fagan v Commissioner of Metropolitan Police [1969]

Application of force is unlawful unless V has consented à R v Clarence (1888)

People can consent to actual bodily harm à Brown [1994]

MENS REA 1. Intentionally/Recklessly apply unlawful contact S 61 - PSYCHIC ASSAULT 1. Threatened application of unlawful contact 2. V reasonably apprehends/fears 3. Imminent unlawful contact Threat must be sufficiently imminent (issue with phone calls and their lack of imminence) à Knight (1998)

MENS REA 1. Intentionally/Recklessly creating apprehension of imminent unlawful contact

ASSAULT: AGGRAVATED ASSAULT

S 33 – WOUNDING OR GRIEVOUS BODILY HARM WITH INTENT - Specific intent offence (intoxication is relevant) - Max penalty = 25 years à Standard non-parole of 7 years ACTUS REUS 1. Wounding or GBH GBH is defined as ‘really serious bodily harm’ à R v Perks (1986)

Further GBH definition: S 4 Act 1900 (NSW)

- The destruction of a foetus - Any permanent or serious disfiguring of the person - Grievous bodily disease Wound à Any injury which breaks through the whole skin (both inner and outer) à Vallance v R

MENS REA 1. Intent to wound or cause GBH S 35 – RECKLESS GRIEVOUS BODILY HARM OR WOUNDING

ACTUS REUS 1. Wounding or GBH

MENS REA 2. Reckless as to the possibility of ABH (makes it easier for the prosecution to prove) S 59 – ASSAULT OCCASIONING ACTUAL BODILY HARM

ACTUS REUS 1. (battery or psychic assault) 2. Occasioning of actual bodily harm Actual bodily harm has an ordinary meaning – must be more than transient or trifling à R v Donovan (1934)

ABH can be psychiatric (reduced mental state which amounts to ABH) à R v Chan-Fook [1994] Act has to be a substantial and operating cause of the injuries à Zanker v Vartzokas

MENS REA 1. Intentionally/Recklessly apply unlawful contact