Assault Flashcards
List the elements for Assault
- Assaults
2. Another Person
List the elements for Assault with a weapon
- Assaults
- Another person
- Using anything as a weapon OR Having anything with them that prima facie show an intention to use as a weapon
Define Assault
The act of intentionally applying or attempting to apply force to another person directly or indirectly or threatening by any act or gesture to apply such force to another if the person making the threat has, or causes the other to believe on reasonable grounds he has the present ability to effect their purpose.
What are the 2 pieces of legislation that deal with Assault?
Summary Offences Act 1981- Section 9
Crimes Act 1961- Section 196
Direct Assault?
Someone deliberately strikes the person they intended.
Indirect Assault?
When force is not applied directly to the victim. E.g. pulling a chair out as a person goes to sit on it.
Conditional Assault?
Where the threat of assault is implied if a condition is not met. E.g. threatening someone that they will be assaulted if they don’t leave a property
Doctrine of Transferred Malice?
A person is liable for assault even if the victim differs from the victim they initially intended. E.g. Man strikes wife who is carrying her baby which causes the wife to drop the baby which causes injury.
Implied Consent?
Shaking hands, kiss on the cheek and hugging are all acts of implied consent. A person cannot consent to a criminal assault however.
Which 3 factors must be considered when deciding which charge is the most appropriate?
Intent
Weapons or degree of force
Injuries received
What is Section 59 of the Crimes Act 1961?
This section outlines the acceptable use of force parents are able to use whilst parenting and under which circumstances force may be applied. Using force as a correction tool is now classed as assault.
Under which Act does Assault fall under?
Crimes Act 1961 Section 196 OR
SOA 1981 Section 59.
Under which Act does Assault with a weapon all under?
Crimes Act 1961 Section 202C
