OF01 - Assault

Question 1

Elements of assault

Answer 1

• Assaults

- Another person

Question 2

Intentionally applying direct force

Answer 2

-Must be deliberate ie punching in the nose

Question 3

Intentional Indirect assault

Answer 3

• pulling a chair out victim falls on floor

Question 4

Transferred malice

Answer 4

Defendant liable if has mens rea and commits actus rea even if victim different from one intended
Eg strikes wife and result of blow baby falls out of arms and got injured

Question 5

Conditional assault

Answer 5

When offender makes a condition to not carry out assault ie if you leave I won’t punch you

Question 6

What 3 factors must be considered in deciding on types of assault charges?

Answer 6

• The intent
• Weapons or degree of force used
• Injury received

Question 7

Strangulation offence covers:

Answer 7

Strangulation or
Suffocation
-That impedes victims breathing or circulation

Question 8

What is implied consent?

Answer 8

Everyday as technical assaults

Eg shaking hands, touching someone on the shoulder, kiss or hug

Question 9

Legal justification of UOF

Answer 9

Section 59- parental control. right to use force on a child for minimising or preventing behaviour that is harmful, criminal etc
Section 39 - use of force to arrest
Section 40- use of force to stop a person escaping
Section 42 - use of force to prevent a breach of peace
Section 48 -self defence or defence of another
Section 62 - crimes act - criminally responsible for excess force

Question 10

What is strangulation by Asphyxia?

Answer 10

Closure of blood vessels or air passage of neck by external force in neck

Question 11

What is strangulation by suffocation?

Answer 11

By blocking nose/ mouth

Question 12

What are the elements for assault on a police officer?

Section 10

Answer 12

• Assaults
• police officer

Only applies IF officer was acting in lawful execution of duty

Question 13

Elements for assaults with a weapon?

Answer 13

• Assaults
• Another person
• Using anything as a weapon

Question 14

Threatening by act or gesture to apply force to another

Answer 14

Rolls up sleeves, Clenches fit and threatens to punch you, walks towards you

Question 15

If the person making the threat has, or causes another to believe on reasonable grounds present ability to effect their purpose

Answer 15

On other side of door kicking it saying going to knock teeth out, jumps out window

Question 16

Assault with intent to rob is

Answer 16

Believes at the time assault can take place eg knife to throat (theft doesn’t get completed)