Liabilities - Assault Flashcards

1
Q

Define the ingredient ‘Assaults’

A
  • 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
  • has or causes the other to believe on reasonable grounds
  • that they have the present ability to effect their purpose
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2
Q

Define the ingredient ‘Another Person’.

A
  • It has to be another person other than the offender
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3
Q

List the ingredients of ‘Assault with a Weapon’.

A
  • Assaults
  • Another person
  • Using anything as a weapon
    OR
  • Having anything with him or her in circumstances
  • That prima facie show an intention to use it as a weapon
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4
Q

Define the ingredient ‘Using anything as a weapon’.

A
  • An object of some sort, whether animate or inanimate

- Must be used as a weapon

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5
Q

Define the ingredient ‘Having anything 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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6
Q

Give an example of each of the following:

  • Direct application of force
  • Indirect assault
  • Transferred malice
  • Conditional assault
A
  • Direct application of force
    #Using a closed fist to strike/punch another person
  • Indirect assault
    #Pulling a chair away as someone is about to sit down
  • Transferred malice
    #Striking at person A, Person A ducks and person B is struck instead.
  • Conditional assault
    #Person A threatens to assault person B. But Person A says to Person B ‘you wont be assaulted if you leave the property’
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7
Q

List 4 Acts and Sections that confers the legal justification for the use of force and give an example of each.

A
  • Sect.39 Crimes Act 1961
    Gives a Constable or other person the power to use force in making an arrest.
  • Sect.40 Crimes Act 1961
    Gives Authority for police to use force to prevent an escape.
  • Sect.42 Crimes Act 1961
    Allows anyone to use reasonable force to prevent a breach of the peace.
  • Sect.48 Crimes Act 1961
    Allows anyone to use as much force as necessary in defence of himself or herself or another person.
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8
Q

Define Section 59 Crimes Act 1961, Parental Control.

A
  • This section gives parents, guardians and caregivers the right to use force on a child for minimising or preventing behaviour that is harmful, criminal, offensive or disruptive and to perform normal parenting or caring tasks.
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9
Q

Define ‘Implied Consent’.

A
-	In everyday life, technical assaults are 	committed through such acts as:
		Touching a person on the shoulder
		Shaking Hands
		Tackles on a rugby field.
	These acts have an implied consent.
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10
Q

List 5 types of Assault and the applicable Section and Act.

A
-	Aggravated Assault
	Sect 192 Crimes Act 1961
-	Assault with intent to injure
	Sect 193 Crimes Act 1961
-	Assaulting a child
	Sect 194(a) Crimes Act 1961
-	Male Assaults Female
	Sect 194(b) Crimes Act 1961
-	Common Assault
	Sect 196 Crimes Act 1961
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11
Q

List the ingredients of Assault.

A
  • Assaults

- Another Person

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