Under the Criminal Code (NT), the prosecution need not prove injury or personal discomfort to establish an assault by striking, touching or moving. The qualifying words 'if applied to such a degree as to cause injury or personal discomfort' in the definition of 'application of force' in s 1 apply only to the application of heat, light, noise, energy, gas, odour or other substance or thing. This is particularly significant for indecent assault charges involving sleeping victims or very young children.
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