Assault Flashcards

Law

1
Q

Define assaults

A

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 other person to believe on reasonable grounds that they have the present ability to affect their purpose

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2
Q

Another person

A

It has to be another person other than the offender

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3
Q

Offence of assault

A

Crimes Act 1961 section 196 or summaries offences ACT 1981 section 9

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4
Q

At for assault with a weapon

A

Crimes Act Section 202 c

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5
Q

Elements of assault with a weapon

A

Assaults,
Another person
Using anything as a weapon OR
having anything with him or her in circumstances that primarily facile show an intention to use it as a weapon

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6
Q

Types of assault

A

Indirect,
Transferred malic
Conditional

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7
Q

Strangulation

A

Blocking the other person’s nose mouth or both: applying pressure on or to the other person’s so inner core both( both by Association and suffocation)

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8
Q

Legal justification for use of force Crimes Act 1961

A
39 = executing arrests
40 = prevent Escape
41= prevent suicide 
42= prevent breach of peace 
48= self defense
56= defence of property 
62= criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess
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9
Q

Implied consent

A

Touching shaking hands and acts of affection

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10
Q

Three factors must be considered

A

Intent weapon injury otherwise known as iwi

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