Assault

Question 1

The Elements of Assault

Answer 1

• Assaults
• Another person

Question 2

Common assault is found in

Answer 2

Section 9 of the Summary Offences Act 1981 and;
Section 196 of the Crimes Act 1961

Question 3

Assault

Answer 3

The act of
(intentionally applying force) or (attempting to apply force)
To another person
(directly or indirectly)

Or

1. (threatening by any act or gesture)
   to apply such force to another person if the person
2. (making the threat has/causes the other person )
   to
3. (believe on reasonable grounds)
   that he/she has the
4. (present Ability to effect his purpose)

An assault has been committed.

Question 4

What assault charge to use?

Answer 4

The intent
Weapons or degree of force
Injuries received

Question 5

Assaults with a weapon
Section 202C(a),& Section 202C(b)
Elements

Answer 5

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

Question 6

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.

Answer 6

Assaults
Police officer，Or Prison officer，Or Traffic officer

Question 7

Penalty
Minor and more serious

Answer 7

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