Assault: Must Knows

Question 1

What is the Definition of Common Assault?

Answer 1

I A P D I T C P.
the act of INTENTIONALLY applying
or ATTEMPTING to apply force
to another PERSON
DIRECTLY
or INDIRECTLY
or THREATENING by any act or gesture to apply such force to another
if the person making the threat has or CAUSES the other person to believe on reasonable grounds
they have the PRESENT ability to effect their purpose.

Question 2

Indirect Assault.

Answer 2

Force is not applied directly to the Victim.

Question 3

Conditional Assault

Answer 3

Mike threatens to assault Liam and accompanies that with an act or gesture. But Mike says “ I won’t hurt you if you leave now”.

Victim is told the assault will not be carried out if they comply with a condition.

Question 4

Transferred Malice.

Answer 4

If the defendant has intent to assault one person and through their actions ends up assaulting another person.

Question 5

Implied Consent

Answer 5

Assaults are committed everyday such as Shaking Hands, Hugging etc.
These acts have implied consent.
HOWEVER
A person cannot consent to a criminal assault.
That is an assault with intent to hurt or harm the victim.

Question 6

Elements of Assault

Answer 6

Assaults.

Another Person.

Question 7

What 3 Factors are used to determine the charges for Assault?

Answer 7

THE INTENT 
Scare, injure or kill?
Circumstances and Nature of the offence.
Offenders Explanation.
WEAPONS OR DEGREE OF FORCE USED 
Slap in the face or was a knife used ?
INJURY RECEIVED.
Was the victim Injured, Wounded or Killed?

Question 8

Strangulation Definition.

Answer 8

Intentionally or recklessly impedes any other person’s normal breathing, blood circulation or both, either manually or by using aid or any of the following:

a) Blocking that other person’s nose, mouth, or both:
b) applying pressure on, or to, that other persons throat, neck or both.

Question 9

What Act and Sections provide Legal Justification of Force ?

Answer 9

Crimes Act 1961.

Section 59 : Parental Control
Section 39 : Making an Arrest
Section 40 : Stop a Person Escaping
Section 42 : Prevent Breach of the Peace
Section 48 : Defence of Ones Self
Section 62: Responsibility for Excess Force.

Question 10

Elements : Assault

Answer 10

Assaults

Another Person