Assault

Question 1

Elements of Assault ?

Answer 1

Assaults

Another person

Question 2

Elements of Aggravated Assault ?

Answer 2

Deliberately
Assaults
Another person
To avoid arrest, commit offence or escape

Question 3

Legal definition of Assault ?

Answer 3

Acts 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 they have,
the present ability to effect their purpose.

Question 4

Elements of Assaults with a Weapon ?

Answer 4

Assaults
Another person
Using anything as a weapon
OR
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon

Question 5

What Section under the Crimes Act 1961 ?

Answer 5

196

Question 6

What Section under the Summary Offences Act 1981 ?

Answer 6

9

Question 7

Penalty for Assault under the Crimes Act 1961 ?

Answer 7

1 year

Question 8

Penalty for Assault under the Summary Offences Act 1981 ?

Answer 8

6 months / $4,000

Question 9

What is the Mens Rea ?

Answer 9

Intent

Question 10

What is the Actus Reus ?

Answer 10

Action

Question 11

What three factors do we consider when charging for Assault ?

Answer 11

Intent
Weapons or degree of force
Injuries received

Question 12

Definition - Directly ?

Answer 12

The force is applied directly to the other person; for example,
by punching, or hitting someone with a baseball bat.

Question 13

Definition - Indirectly ?

Answer 13

The force need not be applied directly to the other person.
As long as the offender intends to cause some hurt to another
and does something so that some force was sustained by the
victim, this constitutes an assault.

Question 14

Definition - Conditional ?

Answer 14

Expressing a threat on condition

Question 15

Definition - Doctrine of Transferred Malice ?

Answer 15

A defendant will be liable for an offence if he or she has the necessary mens rea and commits the actus reus even if the victim differs from the one intended.

Question 16

Elements of Assaults with a weapon ?

Answer 16

Assaults
Another Person
Using anything as a weapon
OR
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon

Section 202 (c)(a)