Assault OF01

Question 1

What are the elements of assault?

Answer 1

Assaults

Another person

Question 2

What is transferred malice?

Answer 2

When a person had the mens rea for an offence and commits the actual rues against someone who is not the intended victim.

Question 3

What is conditional assault?

Answer 3

When a victim is told the assault will not be carried out if they comply with a condition

Question 4

What is the difference between direct and indirect assault

Answer 4

Direct means the force is applied directly to them e.g a punch or hitting someone with a bat.
Indirect means the force is not applied directly to the victim.

Question 5

What three factors must be considered when deciding the type of assault charge?

Answer 5

The intent (scare/injure/kill)
Weapons used or degree of force
Injury recieved

Question 6

What does section 48 of the Crimes Act adhere to?

Answer 6

48 - Save a mate

You may use reasonable force in defence of yourself or another person

Question 7

What does Section 39 of the Crimes Act adhere to?

Answer 7

39 - Handcuff time

You may use reasonable force to effect an arrest

Question 8

What does Section 40 of the Crimes Act adhere to?

Answer 8

40 -

You may use reasonable force to stop an escape

Question 9

What does Section 62 of the Crimes Act adhere to?

Answer 9

62 - In the poo

Excessive use of force and criminal liability for any excess force used

Question 10

What does section 41 of the Crimes Act adhere to?

Answer 10

41 - Looks like hangman

You may use reasonable force to prevent suicide

Question 11

What does Section 42 of the Crimes Act adhere to?

Answer 11

42 - All of you

You may use reasonable force to prevent the breach of the peace

Question 12

What is implied consent?

When can’t a person consent?

Answer 12

Everyday touching that is technically an assault but both parties consent to it.
When the assault is committed with the intent to hurt them.