Assault Flashcards
Law
Define assaults
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
Another person
It has to be another person other than the offender
Offence of assault
Crimes Act 1961 section 196 or summaries offences ACT 1981 section 9
At for assault with a weapon
Crimes Act Section 202 c
Elements of assault with a weapon
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
Types of assault
Indirect,
Transferred malic
Conditional
Strangulation
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)
Legal justification for use of force Crimes Act 1961
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
Implied consent
Touching shaking hands and acts of affection
Three factors must be considered
Intent weapon injury otherwise known as iwi