CRIMINAL LAW AND PROCEDURE 7025

Tutorial 7 Week 9
12-13 April 2017
Assault

Read:
Chapter 7 except 7.6.1

Questions:

1. Jerry claims to have been assaulted while being arrested by police. He says he was thrown
to the ground, a knee was pushed hard in his back and he was roughly handcuffed, and
pulled up to his feet by police. Would this constitute an assault? What other information
would be significant?
2. During a boxing match, Kevin Knuckles Smith is seriously injured by Graham Basher
Jones. Kevin approaches the police after the boxing match wanting an assault charge laid
against Graham. Would police be likely to do this? Why or why not?
3. Peta Jones comes to you seeking advice. Peta tells you that there was an awful incident
during her daughters netball grand final. The game was between Sydney Ladies College
(SLC) and Darlinghurst Girls School (DGL) two school teams with a long history of
competitiveness. Petas daughter, Megan, was goal shooter for DGL and was having a fine
game (which was expected, as she was also a NSW City Netball Team representative). As
the end of the third quarter approached, Megan was pushed hard from behind by the goal
defence from SLC. As a result, Megan lost skin from her hands, elbows and knees. She was
visibly upset and unable to continue playing. The referees did not see the blatant push but
they subsequently stopped the game so that Megan could be assisted off the court. As
Megan was helped from the court, the coach from SLC yelled out to the goal defence from
SLC: Well done Katrina. Thats brilliant. Were going to win because you got rid of that
stuck up cow. Upon hearing this, Peta, walked over to the coach and hit her once with her
metal handbag, break the coachs cheekbone and rendering the coach unconscious. Shortly
afterwards, Peta was arrested by police and charged at the Sydney city police station.
Discuss Petas criminal liability. What advice would you give her? How do you think this
matter is likely to be resolved?
4. David walked up to an apartment block and looked through the window of the living room
where Cathy was sitting in her pyjamas. He stared at her for a few seconds before she
screamed and called the police. Has he committed an assault? Would your answer be
different if it were a man in the apartment?
5. One in three Australian women will experience violence in an intimate relationship. On
average, one woman is killed every week as a result of intimate partner violence.
Domestic violence costs Australia $13.6 billion per year. Discuss recent developments in
relation to and responses to this form of violence.