OF01 - Assault Flashcards
In what Acts can the offence Common Assault be found?
Summary Offences Act 1981 (section 9)
Crimes Act 1961 (section 196)
What is the difference between the offence common assault in the Summary Offences Act 1981 and Crimes Act 1961?
The penalties.
SOA 1981 has imprisonment not exceeding 6months or fine of $4000.
CA 1961 has imprisonment not exceeding 1year.
Component breakdown .1
What does ‘The act of intentionally applying….”
The person must be deliberately applying force, intending to apply force, meaning to do it.
Component breakdown .2
what does ‘or attempting to apply force’ mean?
Attempting to apply force is the full offence. for example, you go to hit someone but miss… you attempted to apply that force, the intent was there, it is considered assault.
Component breakdown .3
what does ‘to another person’ mean?
You can only assault another person. You cannot assault an inanimate object or an animal.
Component breakdown .4
explain ‘directly or indirectly’
The force is either applied directly to that person (example a punch) or the offender has the intent to apply force to another person so does something to cause force to be applied (pulling a chair when someone is sitting so they fall on the ground)
Component breakdown .5
explain ‘…or…threatening by any act or gesture to apply such force to another’
Threatening to assault with words and gestures - combined the offenders intent is obvious.
Component breakdown .6
explain ‘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’
The conduct of the offender must make the victim believe they are going to be assaulted and believe the offender has the ability to do it. (yelling from across the road while your locked inside- offender isn’t in position to carry out threat but at a bar where someone raises fist next to you saying they’ve had enough and going to punch you - they do)
What types of assault are there?
Direct assault, Indirect assault, Conditional assault, Transferred Malice, Implied consent
What is indirect assault?
Explain using case law R v Beech.
Where the force is not directly applied to the victim but the injury the have sustained is a direct result of your actions.
R v Beech : woman fearful B locked herself in a room. B threatened to to force door down and tried to. F jumped out window and severely injured herself. Her injuries were a direct result of B actions so although he didn’t touch her he was indirectly guilty of assault.
what is Conditional Assault?
When the victim is told they will not be assaulted if they comply with the offenders conditions.
What is the Doctrine of Transferred Malice and what is the exception?
That if you have the mens rea and commit the actus reus, you can still be charged even if the victim isn’t one you intended.
Intent cannot be transferred from one offence to another.
Explain implied consent.
Every day there are technical assaults like shaking hands or giving a hug. These have implied consent. People cannot consent to a criminal assault: an assault committed by a person with intent to hurt or harm.
What three factors are used to consider which charge is appropriate?
The intent, weapons and degree of force used, Injury received.
What are the elements of assault (with explanation)?
ASSAULTS - acts of intentionally applying or attempting to apply force to another person directly or indirectly OR threatening by any act or gesture to apply force to a person and and causes that person to believe on reasonable grounds that the offender has the present ability to effect their purpose.
ANOTHER PERSON - another person
