Assault Flashcards
Common assault is found in which section?
Section 9 of the summary offences act 1981 and section 196 of the crimes act 1961
What is assault?
Assault is the act of intentionally applying or attempting to apply force to someone
What it intently applying assault?
The person applying the force must be meaning to do it, it must be deliberate.
What is the act of attempting to apply force?
The act of attempting to apply force. Example: bill punches dom. Dom ducks out of the way. This is still assault because the force and intention is there.
What is directly in assault?
The course is applied directly. Example: punching or hitting with a bat
What is indirectly in assault?
The force not being applied directly to a person. The intention is there. Example: pulling a chair out from someone
What is threatening?
Usually words or gestures are combined. If you feel threatened. Example: an angry gang member clenches his fists and threatens to punch you
What is the present ability?
The victim has to fear physical harm and believe the offender can carry out his or her threat. Example: calling someone and saying if they don’t comply they will punch your lights out.
What is indirect assault?
Where the force is not applied directly to the victim. Example: John broke into Mary’s house. Mary jumped out the window and broke her leg
What is conditional assault?
The threat will be carried out if he or she does not comply with a condition. Example: if you don’t leave my properly. I’ll punch your lights out.
What is consent to assault?
Touching hands Shaking hands Hi5 Kiss Hugs
What assault is being slapped in the face?
Common assault
What offence is bing king hit from behind?
Injury with intent
What offence is punching someone in the eye and telling victim ‘you will not wink at my girl again’
Wounding with intent.
What offence is it when a person lunges at another with a knife to stab him in the stomach. The victim moves and the knife goes in his arm?
Either
Wounding with intent
Or
Attempting murder
What offence occurs when someone picks up a beer bottle and tried to hit the victim?
Assault with a weapon.
What is another person in regards to assault?
Or is another person other than the offender
What is Prima facie?
The first impression, you know what’s about to happen
What is the penalty for common assault?
6 month/$4000
What is the penalty for assaulting a constable?
6 months or $2000
What is the penalty for common assault with a punch to the back of the head?
1 year.
What is the penalty for Both intent to
wound and
injure?
14 years
7 years
What is AWOCA?
Ask Explain why Provide options Confirm they understand Act on the situation
What is Intentional wilful damage?
A deliberate or reckless act where the consequences are foreseen but continues to act regardless of the Rick
What are the elements of the offence wilful damage?
Intentionally
Damages property
Sets fire to tree or vegetation
What act covers wilful damage?
Summery offences act 1981 section 2
Define what is meant by the terms graffiti vandalism and tagging
Someone who has a can on there possession and it can be proved that he or she intends to use it to commit such a crime
How should spray cans be stored to ensure the retailer is complying with the act.
Must be stored in a way where members of the public cannot access them without staff help
