Assault

Question 1

Define ASSAULT

Answer 1

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 to believe on reasonable grounds that he has, the present ability to effect his purpose.

Question 2

What are the elements of Assault?

Answer 2

Assaults

Another Person

Question 3

Where can the offence of Assault be found in legislation?

Answer 3

Crimes Act 1961 (section 196)

Summary of Offences act 1981 (section 9)

Question 4

Transfer of Malice, what is it?

Answer 4

The offender is liable for any offence that he was she was responsible for even if the victim differs from the one intended

Question 5

Give examples of -
Direct Assault
Indirect Assault
Transferred Malice
Conditional Assault

Answer 5

Examples -
Punch to the face,
Pull a chair out from underneath someone,
Attempting to punch another person, missing and hitting someone else,
“Leave now or ill mess you up”

Question 6

Define Implied consent

Answer 6

In every day life, technical assaults are committed through such acts as, touching on the shoulder, shaking hands, hugging or kissing, permission is not verbally expressed hut with the right person consent is implied.

Question 7

Define Men’s Rea, and Actus Reus…

Answer 7

Men’s Rea - Intent

Actus Reus - Action

Question 8

List the Acts and sections that confer the legal justification for the use of force and give examples.

Answer 8

Section 39 - Gives powers to use force in making an arrest,
Section 40 - Gives powers to use force to prevent escape,
Section 41 - Gives powers to use force to prevent suicide or self harm,
Section 42 - Gives powers to use force to prevent breach of the peace,
Section 48 - Gives powers to use force to prevent injury to themselves or person of another.

Question 9

What is the difference between the Crimes Act 1961 offence of assault and that of the Summary of Offences 1981?

Answer 9

The charge in the crimes act is greater than that of the summary of offences. Crimes act carries a 12 month sentence whereas summary only 6.

Question 10

Name the most common two charges for assault

Answer 10

Common assault

Assault with a weapon

Question 11

What are the third elements and define them that relate to assault with a weapon?

Answer 11

Using anything as a weapon - an object of some sort, where animate or inanimate, must be used as a weapon.
Having anything with them in the circumstances that Prima facie show an intention to use it as a weapon - self explanatory.