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
2
Q
Define the ingredient ‘Another Person’.
A
- It has to be another person other than the offender
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
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
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
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’
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.
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.
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.
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
11
Q
List the ingredients of Assault.
A
- Assaults
- Another Person