OF01 Assault Flashcards
What are the elements of assault?
Assaults
Any other person
What are the three ways of applying, attempting to apply or threatening force, with explanations.
- Direct - the direct application of force on another person.
- Indirect - Force is not applied directly to the victim.
- Conditional - told the assault will or will not be carried out if a condition is met.
Explain transfer of malice.
When the necessary mens rea (intent) and actus reus (act) is present then the defendant is still liable if the victim differs from the intended victim.
What are the three factors that are considered when deciding on what type of assault charge to proceed with?
- intent of the offender
- Degree of force and weapons the offender used.
- the injury the victim received.
What is the definition of strangulation?
Recklessly or intentionally applying force which impedes the normal breathing or blood circulation, or both, of another person.
What are the two acts of strangulation?
- Applying force to another persons neck or throat, or both - asphyxiation.
- blocking another persons nose or mouth, or both - suffocation.
What does Section 59 of the Crimes Act 1961 refer to?
Parental control - parents have the right to use force on a child to minimize or prevent harmful, disruptive, offensive or criminal behaviour and to carry out normal parental duties.
What is considered assault on a child and not covered under section 59 of the Crimes Act 1961?
Force used on a child for punishment or correction.
What does section 39 of the Crimes Act 1961 cover?
Allows force to be used for a constable or anyone placing someone under arrest.
What does section 40 of the crimes act 1961 cover?
Allows force to be used when preventing an escape.
What does section 42 of the crimes act 1961 cover?
Allows force to be used when preventing a breach of peace.
What does section 48 of the crimes act 1961 cover?
Allows reasonable force to be used in self defence or the defence of others.
What does section 62 of the crimes Act 1961 cover?
Anyone authorized by law to use force is liable for any excess.
What is implied consent?
Everyday human normal interactions where the application of force is accepted and welcomed, you cannot comply to assault. Willing participants.
What two additional elements are present with assault with weapon?
- Has anything with him/her - must be on the person or reasonably available to them.
- Using anything as a weapon - must be sufficient intent to use the object as a weapon.