Assault Flashcards
The Elements of Assault
- Assaults
- Another person
Common assault is found in
Section 9 of the Summary Offences Act 1981 and;
Section 196 of the Crimes Act 1961
Assault
The act of
(intentionally applying force) or (attempting to apply force)
To another person
(directly or indirectly)
Or
- (threatening by any act or gesture)
to apply such force to another person if the person - (making the threat has/causes the other person )
to - (believe on reasonable grounds)
that he/she has the - (present Ability to effect his purpose)
An assault has been committed.
What assault charge to use?
The intent
Weapons or degree of force
Injuries received
Assaults with a weapon
Section 202C(a),& Section 202C(b)
Elements
Section 202C(a)
1. Assaults
2. Another person
3. Using anything as a weapon
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
1. 在袭击任何人的时候
2. 他/她拥有任何物品
3.在这种情况下,表面上显示
有意将其作为武器使用
Assault on a police officer Elements
Section 10, Summary Offences
This only applies IF the officer was acting in the lawful execution of his/her duty.
Assaults
Police officer,Or Prison officer,Or Traffic officer
Penalty
Minor and more serious
Minor nature Penalty: Maximum 3 three months imprisonment
*
A more serious offence under the Crimes Act 1961. Penalty: 6 Six months imprisonment and/or a $2000 fine