Assault

Question 1

Definition of Assault

Answer 1

“Assault is 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 person to believe on reasonable grounds that he has, the present ability to effect his purpose.”

Question 2

Transferred Malice

Answer 2

Under the doctrine of transferred malice 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 3

Common assault

Section 9, Summary Offences Act 1981

Answer 3

Punches to face or body.
No weapons used.
Minor medical treatment.
6 months/
$4000

Question 4

Assaulting a constable
Section 10, Summary Offences Act
1981

Answer 4

Striking an officer in the
execution of his duty.
6 months/
$2000

Question 5

Common assault

Section 196, Crimes Act 1961

Answer 5

Punch in the head from behind. 1 year

Question 6

Assaulting a child
Section 194(a), Crimes Act 1961

Answer 6

Victim must be under 14 years
of age.
2 years

Question 7

Male assaults female
Section 194(b), Crimes Act 1961

Answer 7

Physically stronger person
against a weaker one.
2 years

Question 8

Assault with intent to injure

Section 193, Crimes Act 1961

Answer 8

Premeditated assault, with an
intention to cause some injury,
assaults any person.
3 years

Question 9

Aggravated assault

Section 192, Crimes Act 1961

Answer 9

Deliberately assaults person to
avoid arrest, commit offence or
escape.
3 years

Question 10

Cruelty to child

Section 195, Crimes Act 1961

Answer 10

Has custody, care of or charge
of a child and ill-treats or
neglects, causing suffering or
harm.
5 years

Question 11

Assault with weapon

Section 202C, Crimes Act 1961

Answer 11

Has weapon during an assault. 5 years

Question 12

Injuring with intent

Section 189, Crimes Act 1961

Answer 12

Punches or kicks causing injury,
such as a broken jaw or
concussion.
10 years
5 years

Question 13

Wounding

Section 188, Crimes Act 1961

Answer 13

… With intent to wound
… With intent to injure
14 years
7 years

Question 14

Conditional

assault

Answer 14

The following situation is an example of a conditional assault:
A threatens to assault B and accompanies the threat with an act or gesture. But A says to B: “You won’t be assaulted if you leave the property.”

Question 15

Indirect assault

Answer 15

An indirect assault is where force is not applied directly to the victim.