Assault Flashcards

1
Q

Common assault is found in which section?

A

Section 9 of the summary offences act 1981 and section 196 of the crimes act 1961

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2
Q

What is assault?

A

Assault is the act of intentionally applying or attempting to apply force to someone

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3
Q

What it intently applying assault?

A

The person applying the force must be meaning to do it, it must be deliberate.

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4
Q

What is the act of attempting to apply force?

A

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.

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5
Q

What is directly in assault?

A

The course is applied directly. Example: punching or hitting with a bat

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6
Q

What is indirectly in assault?

A

The force not being applied directly to a person. The intention is there. Example: pulling a chair out from someone

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7
Q

What is threatening?

A

Usually words or gestures are combined. If you feel threatened. Example: an angry gang member clenches his fists and threatens to punch you

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8
Q

What is the present ability?

A

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.

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9
Q

What is indirect assault?

A

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

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10
Q

What is conditional assault?

A

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.

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11
Q

What is consent to assault?

A
Touching hands 
Shaking hands 
Hi5 
Kiss
Hugs
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12
Q

What assault is being slapped in the face?

A

Common assault

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13
Q

What offence is bing king hit from behind?

A

Injury with intent

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14
Q

What offence is punching someone in the eye and telling victim ‘you will not wink at my girl again’

A

Wounding with intent.

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15
Q

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?

A

Either
Wounding with intent
Or
Attempting murder

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16
Q

What offence occurs when someone picks up a beer bottle and tried to hit the victim?

A

Assault with a weapon.

17
Q

What is another person in regards to assault?

A

Or is another person other than the offender

18
Q

What is Prima facie?

A

The first impression, you know what’s about to happen

19
Q

What is the penalty for common assault?

A

6 month/$4000

20
Q

What is the penalty for assaulting a constable?

A

6 months or $2000

21
Q

What is the penalty for common assault with a punch to the back of the head?

A

1 year.

22
Q

What is the penalty for Both intent to
wound and
injure?

A

14 years

7 years

23
Q

What is AWOCA?

A
Ask
Explain why
Provide options
Confirm they understand 
Act on the situation
24
Q

What is Intentional wilful damage?

A

A deliberate or reckless act where the consequences are foreseen but continues to act regardless of the Rick

25
Q

What are the elements of the offence wilful damage?

A

Intentionally
Damages property
Sets fire to tree or vegetation

26
Q

What act covers wilful damage?

A

Summery offences act 1981 section 2

27
Q

Define what is meant by the terms graffiti vandalism and tagging

A

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

28
Q

How should spray cans be stored to ensure the retailer is complying with the act.

A

Must be stored in a way where members of the public cannot access them without staff help