Assault

Question 1

Assault Elements

Answer 1

Assaults

Another Person

Question 2

Two Components Required for an Offence to be proven

Answer 2

Mens Rea = Intent

Actus Reus = Action

Question 3

Common Assault Penalty

Answer 3

Depending on force used/how serious the assault it is either:

Summary of offences 1981 s9 - 6 months or a fine not exceeding $4000.

Crimes Act 1961 s196 - 1 year imprisonment.

Three Factors to Consider when deciding the type of force used:

1) The intent - Scare? Injure? Kill?
2) Weapons/ degree of force used - A punch or was there a knife used?
3) Injury received - Was there an injury? Wounded? Killed?

Question 4

Types of Assault

Answer 4

Direct Application of Force - Straight up assault, intended to hurt punch someone and then punched them.

Indirect Assault - Injury directly caused by actions eg pulling chair out as someone goes to sit down.

Conditional Assault- eg step over the line and I will punch you.

Question 5

Transferred Malice

Answer 5

Liable if you have the intent and action, even if the victim differs to the one you had intended. E.G throw a punch and miss your target but get the person standing next tot them.

Question 6

Strangulation

Answer 6

Crimes Act 1961 s189A - 7 years.

Intentionally or recklessly impedes another persons normal breathing and/or blood circulation.

Question 7

Implied Consent

Answer 7

Assault through every day acts = Shaking hands, touching someone on the shoulder, kiss on the cheek. These are regular acts that have an ‘implied consent’.