OF01 Assault

Question 1

Elements of Assault

Answer 1

1. Assaults
   Intentionally or attempting to either directly or indirectly
   Threatening by or gesture to, if the person is making a threat, or they have the present ability to affect their purpose
2. Another person

Question 2

Direct application of force

Answer 2

Forced applied directly to other person

Question 3

Indirect assault

Answer 3

Force not directly applied to the victim

Question 4

Transferred malice

Answer 4

Defendant has the mens rea and commits actus reus even if victim differs from intended

Question 5

Conditional assault

Answer 5

Victim is told the assault won’t happen if they comply with a condition

Question 6

Factors when charging type of assault (3)

Answer 6

Intent
Scare, injure, kill

Weapons or degree of force
Slap through to knife

Injury received
Any injury? Injury through to death

Question 7

Crimes Act 1961 189A Strangulation

Answer 7

Intentionally or recklessly impedes someone breathing by:
Blocking nose, mouth or both OR
Applying pressure to throat, neck or both

Question 8

What does strangulation exclude

Answer 8

Does not include holding down of chest

Question 9

Impedes

Answer 9

Obstructing or interfering with normal function

Question 10

Implied consent

Answer 10

e.g. shaking hands

A person cannot consent to a criminal assault if the intent to hurt or harm

Question 11

Section 59: Parental Control

Answer 11

Right to use force for minimising/preventing harmful/criminal tasks. For purpose of correction

Question 12

Section 39

Answer 12

Power to use force to stop person escaping

Question 13

Section 42

Answer 13

Anyone to use reasonable force to prevent a breach of the peace

Question 14

Section 48

Answer 14

As much force as reasonable in defence of themselves or another

Question 15

Section 62

Answer 15

Everyone authorised by law to use force is criminally responsible for any excess

Question 16

Penalty for Assault on police, prison or traffic officer

Answer 16

Six months and/or $4000

Question 17

Common Assault Section 9 SOA 1981

Answer 17

No weapons
Minor injury

6 months / $4000

Question 18

Aggravated assault Section 192 CA 1961

Answer 18

Deliberately assaults person to avoid arrest, commit offence or escape

3 years

Question 19

Difference between common assault in Crimes Act and SOA

Answer 19

Crimes Act - imprisonment up to 1 year

Summary Offences Act - imprisonment up to six months or $4000 fine

Question 20

Why can an offender NOT be charged with attempted assault

Answer 20

An attempted assault is still an assault according to the definition

Question 21

Assault with a weapon

Answer 21

1. Assaults
2. Another person
3. Using anything as a weapon

OR

1. While assaulting any person
2. Has anything on him or her
3. That show an intention to use it as a weapon