Crimes Act 1961, Assault Flashcards
What Act/ Sections apply to Assault?
Crimes Act 1961, Section 196
OR
Summary Offences Act 1981, Section 9
What is the First element of Assault and its meaning?
Assaults:
Act 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 has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
What is the second element of Assault and its meaning?
Another Person:
It has to be another person other than the offender.
What does Direct application of force mean?
Where someone deliberately
strikes the person they intended to hit, it is clearly a direct assault.
Indirect Assault Meaning?
An indirect assault is where force is not applied directly to the victim.
Transferred malice Meaning?
An individual is liable for an offence if he or she has the
necessary ‘mens rea’ (intent) and commits the ‘actus reus’
(action) even if the victim differs from the one intended
Conditional Assault Meaning?
In this case, the victim is told the assault will be carried out if he or she does not comply with a condition.
What is factor 1 when deciding on the type of Assault?
The intent:
Was the intent to scare, injure or kill?
What is factor 2 when deciding on the type of Assault?
Weapons or degree of force used.
What is factor 3 when deciding on the type of Assault?
Injury recived.
