Assault Flashcards
Direct application of force
The force applied directly to the other person eg punching
Indirect assault
Where force is not applied directly to the victim.
Conditional assault
The victim is told the assault will not be carried out if he or she complies with a condition.
Transferred malice
A defendant will be liable for an offence if he or she has the necessary mens rea and commits the actus reus even if the victim differs from the one intended.
Three factors to consider I’m deciding on type of assault charge
The intent
Weapons or degree of force used
Injury recieved
CA 1961 - Strangulation or suffocation liabilities
Imprisonment for a term not exceeding 7 years who intentionally or resklessly impedes another person’s normal breathing.
Parental control - section 59
The right to use force on a child for minimising or preventing behaviour that is harmful, criminal, offensive or disruptive. Use for the purpose or correction.
