Assault OF01

Question 1

What is the definition of assault?

Answer 1

Assault is 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 the other person, if the person making the threat has, or causes the other person to believe on reasonable grounds that he has, the present ability to effect his purpose

Question 2

What are the elements of assault?

Answer 2

a: Assaults
b: Another person

Question 3

What are the three types of assault?

Answer 3

1: Direct assault
2: Indirect assault
3: Conditional assault

Question 4

What is the doctrine of transferred malice?

Answer 4

If the victim is different from the one intended through mens rera

Question 5

How to decide what charge to use?

Answer 5

Must consider: the intent, the weapons or degree of force used, injury received

Question 6

What section of Summary Offences Act 1981 is common assault?

Answer 6

Section 9

Question 7

What section of the Crimes Act 1961 is common assault?

Answer 7

Section 196

Question 8

What section of the Crimes Act 1961 is strangulation?

Answer 8

Section 189A

Question 9

What is the definition of strangulation?

Answer 9

Everyone is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly impedes another person’s normal breathing, blood circulation, or both, by doing (manual, or using any aid) all or any of the following:
- (a) blocking that other person’s nose, mouth, or both:
- (b) applying pressure on, or to, that other person’s throat, neck, or both

Question 10

What is section 39 of the Crimes Act 1961?

Answer 10

Gives a constable or other person the power to use force in effecting an arrest. Must be reasonable to overcome resistance.

Question 11

What is section 40 of the Crimes Act 1961?

Answer 11

Gives authority for Police to use force to stop a person escaping

Question 12

What is section 41 of the Crimes Act 1961?

Answer 12

Gives authority to use force to prevent the commission of suicide.

Question 13

What is section 42 of the Crimes Act 1961?

Answer 13

Allows anyone to use reasonable force to prevent a breach of the peace.

Question 14

What is section 48 of the Crimes Act 1961?

Answer 14

Allows anyone to use as much force as is reasonable in defence of himself or herself or another person.