OF01: Assault Flashcards
Crimes Act 1961 Penalty
Imprisonment not exceeding 1yr
Summary Offences Act 1981 Penalty
Imprisonment not exceeding 6 months or $4000 fine
Elements of Assault
- Assaults
2. Another Person
Definition of Assault
The act of INTENTIONALLY applying force or ATTEMPING to apply force to another person DIRECTLY or INDIRECTLY
Definition of Assault #2
OR Threatening by any ACT OR GESTURE to apply such force to another person if the person making that threat has or causes the other person to believe on reasonable grounds that he/she has the PRESENT ABILITY to EFFECT HIS PURPOSE
What must exist before any offence is proven?
Mens Rea and Actus Rea
What are the different types of assault?
Direct, Indirect & Conditional
What is Transferred Malice?
Assaulting the incorrect person. The offender is still liable for the assault even if the victim differs
Why can you not be charged with attempted assault?
Because the definition for attempted assault is the same as assault.
What 3 factors need to be considered when charging?
Intent, Weapons and Injuries
What are the elements of Assaults with a Weapon?
- Assaults
- Another Person
- Using anything as a Weapon OR
- While assaulting any person
- Has anything with him/her
- In circumstances that prima facie show intention to use as a weapon
What is the penalty for Strangulation?
Everyone is liable to imprisonment not exceeding 7 years
What is the definition of Strangulation?
Intentionally OR recklessly impedes another persons normal breathing, blood circulation or both
What is Asphyxia?
Closure of blood vessels or air passages of the neck
What is Suffocation?
Blocking the nose and/or mouth
