Assault Flashcards
Elements of assault?
Assaults
Another person
How to prove ‘ assaults’
Acts of intentionally applying or attempting to apply force to another person directly or indirectly
OR
Threating with and act or gesture to apply force to another person, if the person making the threat has or causes the other person to believe on reasonable grounds that they have the present ability to effect their purpise
How to prove ‘assaults person’
It has to be abither person other than the offender
Powers of arrest for common assault
Section 9 Summary Offences Act 1981
Section 196 Crimes Act 1061
Penalty for common assault
6 months/$4000
OR
1 year
Factors for deciding what assault charge
Intent (scare, injure, kill)
Weapons or degree of force used
Injury received
What is doctrine of transferred malice
The victim differs from the one intended so long as the offence has the mens rea and commits the actus reus
A swings at B. B ducks and A strikes C
What is indirect assault?
When force is not directly applied to the victim
What is conditional assault?
A threat is accompanied with an act or gesture but said with a condition such as..
“You won’t be assaulted if you leave now”
What is implied consent?
Every day acts which are technically assault but there is an implied consent e.g. kiss, hug, rugby
Section 59 Crimes Act 1961
“59 close to dad, force on kids makes them sad. Rights to parents to use force for minimising and preventing behaviour that is harmful or criminal, offensive or disruptive and to perform normal or caring tasks
Section 39 Crimes Act 1961
39, stop the crime. Use of force in making an arrest
Section 40 Crimes Act 1961
40 hault! Don’t let them bolt
Stop a person escaping
Section 42 Crimes Act 1961
42 beast(McCullum), person breaching the peace
Section 48 Crimes Act 1961
48 help a mate
Self defence or defence of another
