0F01- Assault

Question 1

What are the elements of Assault?

Answer 1

1) Assaults

2) Another person

Question 2

Assault Definition

Answer 2

Acts of intentionally applying or attempting to apply force to another either indirectly or directly OR Threatening to apply such force and ability to carry it out.

Question 3

Another person definition

Answer 3

A person other than the offender

Question 4

Applying of threatening force

1) Indirect Assault
2) Direct Assault
3) Conditional Assault
4) Transferred Malice
5) Implied consent

Answer 4

1) Force is not applied directly to victim
2) A hits B- Direct force
3) A threatens B with gestures or act “ I’ll punch you if you don’t get off my property”
4) Has Mens Rea and Actus Reus even if victim differs from intended.
5) Everyday life acts such as shaking hands, footie, affection.

Question 5

What are three factors to decide type of assault charge?

Answer 5

Intent- scare, injure of kill
Weapons or degree of force used
Injury recieved- Injured, wounded, killed.

Question 6

Proved by……

Answer 6

Offenders actions before , during, after offence
surrounding circumstances/ nature of offence
Offenders explanation- If none given inferred that they intended the natural consequence

Question 7

Legal justification of Use Of force -Crimes Act

Section 39

Answer 7

Gives a constable or other person the power to use force in making an arrest.

Question 8

Section 40

Answer 8

Gives authority for police to stop a person escaping

Question 9

Section 41

Answer 9

Justifies the use of force to prevent suicide or certain offences

Question 10

Section 42

Answer 10

Allows anyone to use reasonable force to prevent a breach of the peace.

Question 11

Section 48

Answer 11

Allows anyone to use as much force as is reasonable in defence of himself or herself or another person

Question 12

Section 59

Answer 12

Parents, caregivers, guardians legal right to use force on child to minimise or prevent behaviour that is harmful, criminal, offensive or disruptive .
Purpose- Correction

Question 13

Section 62

Answer 13

Excessive use of force - unreasonable, unnecessary or unjustifiable. anyone is criminally liable

Question 14

Strangulation Meaning

Answer 14

Intentionally or recklessly impedes another persons normal breathing, blood circulation or both by doing

1) blocking persons nose, mouth or both
2) Applying pressure on, or to, that other persons throat, neck or Both.

Question 15

Asphyxia is…..

Answer 15

Closure of blood vessels or air passages of the neck of the neck as a result of external force on the neck

Question 16

Suffocation ……

Answer 16

Blocking nose and/or mouth