Assualt Flashcards
What section is Common Assault in Summary of Offences Act and the Crimes Act 1961
Section 9 - SOOA 1981
Section 196 - CA 1961
Definition/ components of Assault
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 caused the other to believe on reasonable grounds he has the present ability to effect their purpose
Indirect Assault
Force not directly applied to the victim: pulling a chair out from underneath a person and they fall and hurt themselves
Conditional Assault
If you don’t do A then I will punch you in the face - a victim needs to comply with a condition to not get assaulted
Direct Assault
A punches B
Transferred Malice
Can be liable for an offence if he or she has the necessary mens res and commits the actus reus even if the victim differs from the one intended
Elements of Assualt
Assaults
Another person
What section of Summary Offences Act 1981 allows us to arrest without a warrant when we reasonably suspect a person has committed an offence
39
Section 10 Summary Offences Act
Assault on a police prison or traffic officer