Assault With A Weapon Flashcards

1
Q

Act and Section.

A

Crimes Act 1961 Section 202C (1)(a) or 202C (1)(b)

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2
Q

Penalty.

A

5 years imprisonment.

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3
Q

Element #1

A

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 had, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

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4
Q

Element #2

A

Another person: it has to be another person other then the offender.

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5
Q

Element #3

A

An object of some sort, whether animate or inanimate, must be used as a weapon.

OR

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6
Q

Having a thing with him or her in circumstances that Prima facie show an intention to use it as a weapon.

A

An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.

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7
Q

Offence.

A

Assault with a Weapon.

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