OF01: Assault Flashcards
Define ‘assault’
See also Notebook
Act or threat (words/gesture)
To intentionally apply or attempt to apply force
Directly or indirectly
Which statutes cover assaults and what type of assaults?
Summary Offences Act 1981, Section 9
Crimes Act 1961, Section 196
Minnor Assaults
What is the difference between the two enactments?
The penalties
What is the penalty under SOA, Section 9?
6 Months Imprisonment, or
$4,000.00 fine
What is the penalty under CA 1961?
1 year Imprisonment
Explain ‘the act of intentionally applying…’
The deliberate act
Degree of force
Explain ‘attempting to apply…’
The act of the attempted
The attempt is the force
Explain ‘directly’
Force is applied to the person
Explain ‘indirectly’
An act that is intended to apply force
Explain ‘threatening by any act or gesture…’
Words and gestures
Obvious intention to apply force
Explain ‘causes the other to believe on reasonable grounds…’
Offender’s conduct
Explain ‘the present ability to effect their purpose’
Threats and gestures
Ability to apply force NOW
Name the 3 types of assaults
Direct
Indirect
Conditional
Define ‘direct’ assault
Deliberate act to the victim
Define ‘indirect’ assault
Force not directly applied to the victim
Define ‘conditional’ assault
No act will be applied if the victim complies to the condition
State the ruling of Police v Greaves by the Court of Appeal
Conditional THREAT constitute an offence of assault
State the outcome of FAGAN v Metropolitan Police
Unintentional act to a situation, but a deliberate act to continue or remain in the act of the situation
What is the ‘Doctrine of Transferred Malice’?
Necessary intent
To commit an act
Applied to unintended victim
Explain the outcome of R v Latimer
Acted in malice
No requirement for the intent to relate to a named victim
Explain the outcome of R v McMasters
Applied force to unintended victim is not necessary
When can the Mens Rea not be transferred?
If there was an intent for a different offence than what was committed
What are some technical assaults?
Touching a shoulder
Hug
Hand shake
What does a ‘technical assault’ imply?
Consent (implied consent)
Describe criminal assault
Assault committed
With intent
To harm or injure the victim
Can a person consent to a criminal assault?
No
State the elements of assault
Assaults
Another person
Which 2 enactments cover the assault of a Constable, Traffic or Prison Officer?
Summary Offences Act 1981, Section 10
Summary Offences Act 1961, Section 39(1)
When does SOA, Section apply?
Minor nature of assault
Police acting in lawful execution of his/her duty
Which enactment covers Strangulation and Suffocation?
Crimes Act 1961, Section 189A
What are the factors to consider when deciding on an appropriate charge for the offence?
The intent
Weapons or degree of force
Injury
How can intent be proven?
Circumstantial evidence
Nature of offence
Explanations
What constitutes ‘strangulation’?
Intentionally or recklessly
Impedes
Breathing and/or blood circulation
How can ‘strangulation’ be done?
Manually
Using an aid
Define ‘impede’
Obstructing or interfering
With normal function rather than
Blocking or preventing
Explain “asphyxia”
Closure of blood vessels or air passages
Applying pressure to or on
Throat and/or neck
Explain ‘suffocation’
Blocking
Nose and/or mouth
Explain the legal justification of use of force in Section 59, Crimes Act 1961: Parental Control
Force used for the purpose of correcting a CYP
When is using force under Section 59 constituted as an assault on a child?
Smacking a child for the purpose of correcting or punishment
Parents have the right to use force on a child for what?
Minimising or preventing
Harmful, offensive, disruptive or criminal behaviour
Police have the power to use force in making an arrest
Section 39, Crimes Act 1961
Police have the authority to use force in preventing an escape of custody
Section 40, Crimes Act 1961
Any person is allowed to used reasonable force to prevent a breach of peace
Section 42, Crimes Act 1961
Anyone is allowed to use as much force as reasonable in self defence of defence of another
Section 48, Crimes Act 1961
Anyone authorised by law to use force is criminally responsible for any excess, according to the nature & quality of the act
Section 62, Crimes Act 1961
Define ‘Police misconduct’
Unreasonable, unnecessary, or unjustified use of force
What are the consequences of ‘police misconduct’?
Criminal charge/s
Dismissal
State the procedure when dealing with a victim of assault
Photographs, Damage to clothing, Examine scene, find witnesses, Obvious injuries and verify
State the procedure when dealing with a suspect or offender
Gain & record admission
Cuts/bruises/grazes
Seize exhibits
