Assault Flashcards
1
Q
Elements of Assault
A
-assaults
-another person
2
Q
Explain Direct application of force
A
The force is applied directly to the other person
3
Q
Explain indirect assault
A
Force is not applied directly to the victim
4
Q
Explain Transferred malice
A
Offender has necessary mens rea and commits actus reus even if the victim differs from the one intended.
5
Q
Explain Conditional assault
A
The victim is told the assault will not be carried out if they comply with a condition
6
Q
3 factors when deciding type of assault charge
A
-the intent
-weapons or degree of force
-injuries
7
Q
Section 62 of the Crimes Act 1961 states
A
Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
