Assualt

Question 1

List the elements of assault?

Answer 1

Assaults

Another person

Question 2

Give an example of each of the following:
− direct application of force
− indirect assault
− transferred malice
− conditional assault.

Answer 2

Direct: The force is applied directly to the other person; for example,
by punching, or hitting someone with a baseball bat.

Indirect: The force need not be applied directly to the other person.
As long as the offender intends to cause some hurt to another
and does something so that some force was sustained by the
victim, this constitutes an assault.
Examples:
Pulling a chair away as someone is about to sit on it.
Striking a horse so that the horse rears and throws the rider

Transferred malice: Under the doctrine of transferred malice a defendant will be liable for an
offence if he or she has the necessary mens rea and commits the actus reus
even if the victim differs from the one intended.

Conditional: A threatens to assault B and accompanies the threat with an act or gesture. But
A says to B: “You won’t be assaulted if you leave the property.”
In this case, the victim is told the assault will not be carried out if he or she
complies with a condition.
This still constitutes assault.

Question 3

List the Act and Section that confers legal justification for the use of force and give an example of each.

Section 59,

Answer 3

Section 59, Crimes Act 1961, Parental Control.

1. Every parent of a child, and every person in the place of a parent of the child, is justified in using force if the force used is reasonable in the circumstances and is for the purpose of:
   a) Preventing or minimising harm to the child or another person; or
   b) Preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or
   c) Preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or
   d) Performing the normal daily tasks that are incidental to good care and parenting.

Question 4

List the Act and Section that confers legal justification for the use of force and give an example of each.

Section 39

Answer 4

Gives a constable or other person the power to use force in making an arrest.

Question 5

List the Act and Section that confers legal justification for the use of force and give an example of each.

Section 40,

Answer 5

Gives authority for police to use force to stop a person escaping.

Question 6

List the Act and Section that confers legal justification for the use of force and give an example of each.

Section 42,

Answer 6

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

Question 7

List the Act and Section that confers legal justification for the use of force and give an example of each.

Section 48,

Answer 7

Allows anyone to use as much force as is necessary in defence of himself or herself or another person.
The force used in all of the above circumstances must be reasonable. If the force was excessive in the circumstances, the person could be charged with
assault.

Question 8

Define implied consent?

Answer 8

In everyday life, technical assaults are committed through such acts as:
• Touching a person on the shoulder.
• Shaking hands.
• Acts of affection, such as a kiss or a hug.
These acts have an implied consent.