Assault Flashcards

1
Q

What is Assault?

A

It is the act of intentionally applying or attempting to apply force to another person directly or indirectly or threatening to apply such force.

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2
Q

What are the four types of assault?

(In your head give an example for each)

A

1.Direct assault
2.Indirect assault
3.Conditional assault
4.Transferred malice

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3
Q

How do you determine the type of assault when arresting?

A

It is determined by the seriousness and the nature of the assault.

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4
Q

What are three factors to consider when deciding a charge?

A

1.The intent
2.Weapons or degree of force used
3.Injuries received

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5
Q

What are the 2 elements of assault ?

A

1.Assaults - intentionally, applying direct or indirect force.
2.Another person - person other than the offender

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6
Q

What is strangulation or suffocation?

A

Intentionally or recklessly impedes another person breathing, blood circulation or both.

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7
Q

Crimes Act 1961, gives police legal justification to use force under certain sections. What does sections 39, 40,41,42,48 and 62 refer to?

A

S39- power to use force when arresting.
S40- power to use force when preventing escape.
S41- power to use force when preventing suicide.
S42- power to use force to prevent breach of peace.
S48- power to use force to defend yourself or another
S62- excessive force, you are criminally responsible

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