OF01:Assault Flashcards
Acts and Sections with provisions for common assault?
- Summary Offences Act 1981, Section 9
- Crimes Act 1961, Section 196
What is the difference between Section 9 Summary Offences Act & Section 196 Crimes Act for Common Assault?
The penalties for Assault.
1 Year - Crimes Act
6 Months or $4000 fine - Summary Offences Act
What are the Elements for Assault?
-Assaults;
The act of intentionally applying or attempting to apply force to another person directly or indirectly
or
threatening by any act or gesture to apply such force to another
if the person making the threat has, or causes the other to believe on reasonable grounds he has the present ability to effect their purpose
-Another person
Any other person
What are three types of Assault?
- Direct Assault
- Indirect Assault
- Conditional Assault
What is direct assault?
Someone deliberately striking another person they intended to hit
What is indirect assault?
Where force is not applied directly to the victim
What is conditional assault?
Where a victim is told an assault will not be carried out if they comply with a condition.
What is transferred malice?
The defendant will be liable if they have the mens rea and commit the actus reus even if the victim is not the one intended.
Factors to be considered when deciding which charge is most appropriate?
- The intent
- Weapons or degree of force
- Injury received
What are some examples of implied consent?
- Touching a person on the shoulder
- Shaking hands
- Acts of affection, kiss/hug
What Section of the Summary Offences Act 1981 deals with Assaults on a constable, traffic officer or prison officer?
Section 10
Bonus: Only applies if the officer was acting in the lawful execution of duty.
What are the two types of Strangulation?
- Asphyxia
- Suffication
Which Act and Section do you find Strangulation?
Crimes Act 1961, Section 189A
What does Section 59, Crimes Act 1961 explain in regards to the legal justification of use of force?
Gives parents, guardians and caregivers the right to use force on a child to perform normal parenting or caring tasks minimizing harmful, criminal, offensive and disruptive behaviour.
What does Section 39, Crimes Act 1961 explain in regards to the legal justification of use of force?
Gives a constable or other person the power to use force in making an arrest
