Assault Flashcards
Indirect assault?
Where force is not applied directly to the victim
E.g., A tried to enter a room containing B, the victim. B locked the door and refused A entry. A threatened to force the door which he then proceeded to. As a result B jumped out the window severely injuring themselves.
A was charged and convicted of indifect assault because B’s injuries were caused by a direct result of A’s actions.
Conditional assault?
A threat of an assault is made unless one complies with a condition.
A threatens To assault B and accompanies the threat with an act or gesture. But A says to B: “you won’t be assaulted if you leave the property.”
Direct assault?
Deliberately strikes the person they intended to hit.
Doctrine of transferred malice?
Someone is liable of an offence is they have the necessary mens rea and commits the actus reus even if the victim is different from the one intended.
Technical assault or implied consent?
Basic everyday touching, e.g., handshaking, touching someone’s shoulder, acts of affection
Where do you find common assault?
Summary offences act section 9
Assaulting a constable?
Section 10, summary offences act
Where do you find common assault?
Section 196 crimes act
What are the two penalties for common assault? Summary and crimes?
6 months/$4000 and
1 year
What are the factors we must consider when deciding what to charge with?
The intent, weapons or degree of force used and injury received
A person is slapped in the face?
Commons assault
A person is ‘king hit’ from behind with a closed fist, breaking his jaw?
Injury with intent
A person is punched about the head a number of times, causing the loss of sight in one eye. As he is being punched, the offender is telling him: “you will not wink at my girl again with this eye”?
Wounding with intent
A person lunges at another with a knife to stab him in the stomach. The victims twists and knife goes into his arm?
Either:
- wounding with intent
- attempted murder
A person picks up a beer bottle and tried to hit the victim but the victim deflects the bottle?
Assault with a weapon
Assault elements?
Assaults
Another person
Definition of assaults?
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
OR
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 in reasonable grounds that they have, the present ability to effect their purpose.
Definition of another person?
It has to be another person other than the offender
Strangulation or suffocation?
A term not exceeding 7 years who intentionally or recklessly impedes another persons normal breathing, blood circulation, or both, by doing all or any of the following:
- blocking that other persons nose, mouth, or both:
- applying pressure on, or to, that other persons throat, neck, or both
