Assault

Question 1

Direct assault and example

Answer 1

Where someone strikes the person they intended to hit.
e.g a deliberate punch in the face.

Question 2

Indirect assault and example

Answer 2

An indirect assault is where force is not applied directly to the victim.

E.g pulling a chair away as someone is about to sit on it.

Or causing someone else to hurt themselves e.g running away out of fear and falling over.

Question 3

Conditional assault and example.

Answer 3

Is where an assault will take place if the person does not comply with the condition.

E.g Step over that line and I will punch you in the face

Question 4

Legal definition of assault

Answer 4

“the act 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 person to believe on reasonable grounds that he has, present ability to effect his purpose”

Question 5

Transferred malice example.

Answer 5

E.g A went to punch B in the face, B ducked and A hit C in the face instead.

Question 6

What 3 factors that must be considered in deciding on types of assault charges between summary offences (minor) or crimes act (more serious)

Answer 6

1. The intent. Scare,kill, injure?
2. Weapons or degree of force.
   - a slap
   - knife or weapon
3. Injuries recieved. Injured?, wounded? Killed

Question 7

Elements of Assault

Answer 7

Assaults Another Person

Question 8

Act, section and elements of - Assaults with a weapon.

Answer 8

Crimes act 1961

Section 202(a) Assaults another person using anything as a weapon.

Or, Section 202C(b)
1.While assaulting any person
2. Has anything with him or her
3. In circumstances that prima facie show an intention to use it as a weapon

Question 9

Elements of Assault on a Police officer

Answer 9

Assaults Police officer or Prison officer or Traffic officer

(Only if the officer was acting in the lawful execution of his/her duty)

Question 10

What is
1.Case law
2. Criminal law
3. Civil law
4. Legislation

Answer 10

1. Laws/definitions made by a judge
2. State charging the offender
3. Disputes tribunal
4. Courts/ parliament determine/create legislation.

Question 11

Wilful damage act, section and elements?

Answer 11

Summary offences act 1981 section 11 (a)

1. Intentionally damages property

Summary offences act 1981 section 11 (b)
2. Intentionally sets fire to any tree or vegetation.

Question 12

Explain Intentionally in regards to an offence

Answer 12

A deliberate act, without lawful justification, excuse or claim of right

Question 13

Define recklessly

Answer 13

Where the possible consequences are foreseen but continues the act regardless of the risk.

Question 14

Define property

Answer 14

Something that belongs to another person and is capable of being damaged.

Question 15

Explain damages

Answer 15

Temporary or permanent reduction in the value or usefulness of the property.

Question 16

What is the statute of limitations for wilful damage?

Answer 16

6 Months

Question 17

Statute limitations for common assault

Answer 17

12 months

Question 18

Crimes act 1961 section 59

Answer 18

9 kids
Gives parents, guardians and caregivers the right to use reasonable force on a child for minimising or preventing behaviour that is harmful, criminal, offensive or disruptive.

Question 19

Section 39 crimes act 1961

Answer 19

3 = handcuffs
Gives a constable the power to use reasonable force in making an arrest for any sentence, warrant or process.

Question 20

Section 40, crimes act 1961

Answer 20

Tunnel
Gives authority for police to use reasonable force to stop a person escaping or to prevent the rescue of an arrested person.

Question 21

Section 42, crimes act 1961

Answer 21

42 = peace
Allows anyone to use reasonable force to prevent a breach of the peace

Question 22

Section 48, crimes act 1961

Answer 22

Protect a mate
Allows anyone to use as much reasonable force necessary to defend himself or another person

Question 23

Section 62, crimes act 1961

Answer 23

Anyone authorised by law to use force is crimanally responsible for any excess force used.

Question 24

What is strangulation, the sentence and offence type?

Answer 24

Blocking nose mouth or applying pressure to throat neck or both.

7 years

Serious assault

Question 25

What is AWOCA

Answer 25

Ask, for cooperation with request.
Explain why,
Provide option, - consequence
Confirm or they understand, “is there anything I can say to get you to ___, I would like to think there is.
act

Question 26

TENR

Answer 26

Threat - who is the threat
Exposure - who is exposed to the threat
Necessity - act now, later or not at all
Response - approach? AWOCA?

Question 27

Section 41 crimes act 1961

Answer 27

1 Life
Using reasonable force Preventing suicide