OF01 - ASSAULT Flashcards
What are the elements of assault?
CA 1961 S196 OR SOA S9
- ASSAULTS
- ANOTHER PERSON
What is the difference between S9 of the Summary of Offences Act 1981 and S196 of the Crimes Act 1961?
The only difference between the two is the seriousness of the incident and the penalty.
Legal definition of assault
The act of intentionally applying force
OR
attempting to apply force
To another person
Directly or indirectly
OR
Threatening by any act or gesture
Two components must exist before any offence can be proven;
Mens rea and actus reus
Intent and action
We must prove the offender did it and intended to do it
Direct assault
As assault where force has been applied to the victim.
Deliberate punch in the face
The act of intentionally apply force directly..
Indirect assault
An assault where force has not been applied directly to the victim.
Pulling a chair away from someone who is about to sit
The act of intentionally applying force indirectly
Conditional assault
An assault which is carried out unless a condition in met.
“Step over that line and I will punch you in the face”
In this case the Victim is told the assault will not happen if he/she complies with the condition
Doctrine of transferred malice
An individual is liable for an offence if he/she has the necessary ‘mens rea’ (intent) and commits the ‘actus reus’ (action) even if the victim differed from the one intended
Transferred malice exception
If an individual has the mens rea for a different offence from which he/she commits, the ‘intent’ cannot be transferred.
What 3 factors are considered when deciding which assault charge; Sunmary of Offences (minor) or Crimes Act (more serious) is the most appropriate?
- The intent: when the offender applied force, what was their intent?
- Weapons or degree of force: a mere slap or knife/weapon
- Injuries received: Injured? Wounded? Killed?
Assaults with a weapon elements
Crimes Act 1961 S202(a)
- Assaults
- Another person
- Using anything as a weapon
Assault on police elements
Summary of Offences S10
- ASSAULTS
- POLICE OFFICER OR PRISON OFFICER OR TRAFFIC OFFICER
Only applies IF the officer was acting in lawful execution of his/her duty
For assaults of minor nature. Serious assaults = Crimes Act
Parental Control
legal justification of use of force
S59(1) Crimes Act 1961
Force is used for the purpose of correction if used under reasonable circumstances HOWEVER smacking now amounts to an assault on the child.
Excess use of force
Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess
Implied consent
Consensual assaults.
shaking hands/kiss/hug/rugby - these have an implied consent.
A person cannot consent to a criminal assault; assault committed by a person with intent to harm the victim.
