Assault

Question 1

3 Factors when deciding an assault charge

Answer 1

1. Intent - scare, injure or kill
2. Weapons used/degree of force applied
3. Injuries sustained by the Victim

Question 2

Elements of Common Assault

Answer 2

Assaults

Another person

Question 3

Section, Act and penalty of Common Assault

Answer 3

S.9 Summary Offences Act 1981
($4000 &/or 6 months)
S.196 Crimes Act 1961
(1 year)

Question 4

Elements of Assault with a weapon (a)

Answer 4

1. Assaults
2. Any person
3. Using anything as a weapon

Question 5

Section, Act and penalty of Assault with a weapon

Answer 5

S.202C(a) Crimes Act 1961
&
S.202C(b) Crimes Act 1961

5 years imprisonment

Question 6

Elements of Assault with a weapon (b)

Answer 6

1. While assaulting any person
2. Has anything with him or her
3. In circumstances that Prima facie show an intention to use it as a weapon

Question 7

Section, Act and penalty of Assaults Constable

Answer 7

S.10 Summary Offences Act 1981

$4000 fine &/or 6 months imprisonment

Question 8

Elements of Assaults Constable

Answer 8

1. Assaults
2. Any Constable
3. Acting in the execution of his or her duty

Question 9

Definition of Assault

Answer 9

The act of intentionally applying or,
Attempting to apply force, to another person, directly or, indirectly.

Or

Threatening by an act or gesture to apply such force to another, if the person making the threat has or causes the other person to believe or reasonable grounds that he has, the present ability to effect their purpose.

Question 10

Direct assault

Answer 10

Where the offender makes direct contact with the victim.

A punch that lands on the face of the victim.

Question 11

Indirect assault

Answer 11

Where the offender

Question 12

Conditional assault

Answer 12

Where the offender states they will assault the victim if they do not comply with conditions

Question 13

Transferred malice

Answer 13

Where the mens rea to commit the offence is present but the actus reus is completed by applying force to an unintended victim