Assault Flashcards
What is Assault?
It is the act of intentionally applying or attempting to apply force to another person directly or indirectly or threatening to apply such force.
What are the four types of assault?
(In your head give an example for each)
1.Direct assault
2.Indirect assault
3.Conditional assault
4.Transferred malice
How do you determine the type of assault when arresting?
It is determined by the seriousness and the nature of the assault.
What are three factors to consider when deciding a charge?
1.The intent
2.Weapons or degree of force used
3.Injuries received
What are the 2 elements of assault ?
1.Assaults - intentionally, applying direct or indirect force.
2.Another person - person other than the offender
What is strangulation or suffocation?
Intentionally or recklessly impedes another person breathing, blood circulation or both.
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?
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