Assault

Question 1

What are the elements of Common Assault

Answer 1

• Assaults

- Another person

Question 2

What are the elements of Assault with a weapon

Answer 2

• Assaults
• Another person
• Using anything as a weapon

Question 3

What are the elements of Assault on a police officer

Answer 3

• Assaults
• Police, prison or traffic officer
• In the execution of duty

Question 4

What are three factors to consider when deciding on assault charges

Answer 4

• The INTENT
• WEAPONS or degree of force used
• INJURY received

Question 5

What is the Doctrine of Transferred Malice

Answer 5

When the offender has the necessary mens rea and commits the actus reus even if the victim differs from the intended victim

Question 6

What is Indirect Assault

Answer 6

Force is not applied directly to the victim. The victim is injured as a result of the offenders actions

Question 7

What is Conditional Assault

Answer 7

An offender threatens a victim via act or gesture, and there is the present ability for the act to be carried out.

Question 8

Direct application of force meaning

Answer 8

With intent to use force to injure

Question 9

Where can the elements of assault be found

Answer 9

• Crimes Act 1961 Section 196

- Summary Offences Act 1981 Section 9

Question 10

Why can an offender NOT be charged with ‘Attempted Assault’

Answer 10

Attempted assault falls within the same definition of assault - therefore an act of “attempt” is the same as completing the act

Question 11

What is the difference between the definitions of assault from SOA 1981 section 9 and CA 1961 section 196

Answer 11

The penalty

Question 12

What is “Implied Consent”

Answer 12

No intention of hurt of harm

• touching a persons shoulder
• shaking hands
• hugs

Question 13

What are the two types of strangulation

Answer 13

• Asphyxia

- Suffocation

Question 14

Define Asphyxia

Answer 14

Closure of blood vessels or air passages from external force to the neck

Question 15

Define Suffocation

Answer 15

Blocking the nose and/or mouth

Question 16

What does Section 59, Crimes Act 1961 outline

Think “59 - keep them in line”

Answer 16

Parental Control - gives parents the right to use force for minimising/preventing behaviour that is harmful, criminal or disruptive

Question 17

What does Section 39, Crimes Act 1961 outline

Think “39 - you’re mine”

Answer 17

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

Question 18

What does Section 40, Crimes Act 1961 outline

Think “40 - where you going naughty”

Answer 18

Gives authority for police to use force to stop a person escaping

Question 19

What does Section 42, Crimes Act 1961 outline

Think “42 - what ya do”

Answer 19

Allows anyone to use reasonable force to prevent breach of peace

Question 20

What does Section 48, Crimes Act 1961 outline

Think “48 - help me mate”

Answer 20

Reasonable use of force in defense of himself, herself or another person

Question 21

What does Section 62, Crimes Act 1961 outline

Think “62 - you’re in the poo”

Answer 21

Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.

In short - excessive force has been used when carrying out duty