Assault Flashcards
What are the elements of assault
Assaults, another person
Define assault 1
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly
define assault 2
Threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their person
What two sections cover common assault
Section 9 of the Summary offences act 1981, and section 196 of the crimes act 1961
How do we decided which act and section to charge with
the intent, weapons or degree of force used, and injury received
What is the difference between the two acts when charging with common assault
Summary offences has a 6 month imprisonment and Crimes act is 1 year
What is mens rea
the guilty mind or intent
what is actus reus
the act of doing something
what is indirect assault
where force is not applied directly to the victim
what is conditional assault
where the offender threatens the victim with an act or gesture if they do not do something
what is doctrine of transferred malice
when the offender has the mens rea and actus reus even if the victim differs from the intended
what is implied consent and an example
technical assaults that have consent. like shaking hands
what does section 10 of the summary of offences act cover
assaulting a constable
what does assaulting an officer constitute
an assault on a constable, traffic officer or prison officer in the lawful execution of their duty
what section does 189A of the crimes act cover
strangulation and suffocation
what is strangulation or suffocation
intentionally or recklessly impedes another persons normal breathing, blood circulation or both
what does section 59 of the crimes act cover
parents, guardians or caregivers the right to use force on a child for minimising or preventing behaviour that is harmful, criminal, offensive or disruptive
what does section 39 of the crimes act cover
a constable or other person the power to use force in making an arrest
what does section 40 of the crimes act cover
the authority for police to use force to stop a person escaping
what does section 42 of the crimes act cover
allows anyone to use reasonable force to prevent a breach of the peace
what does section 48 of the crimes act cover
anyone to use as much force as is reasonable in defence of themself or another person
what does section 62 of the crimes act cover
use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess
what is suffocation
the blocking of the nose and/or mouth
what is asphyxia
the closure of the blood vessels or air passages of the neck as a result of external force on the neck
what is the penalty for strangulation or suffocation
up to 7 years imprisonment
