OF01 - Assault Flashcards
Elements for assault
- The act of intentionally applying…
- …or attempting to apply force
- …to another person
- …directly
- …or indirectly
- …or… threatening by any act of 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.
Direct application of force
When someone deliberately strikes the person then intended to hit
Indirect assault
Where force is not applied directly to the victim
Conditional assault
The victim is told the assault will not be carried out if he or she complies with the condition
Doctrine of transferred malice
If he or she commits the actus reus even if the victim differs from the one intended.
Consent to assault
- Handshake
- hug, kiss, etc
3 factors in deciding which Act and Section we are going to charge a person
- The intent
- Weapons or degree of force used
- Injury received
Common assault
Difference between section 9, summary offences act 1981,
Section 96 crimes act 1961
Basically the penalty
6 months / $4000 or
1 year
Assault on a person in a family relationship
Victim is or has been in a family relationship with the offender
Assault with intent to injure
An assault, with an intention to cause some injured , assaults any person
Aggravated assault
Deliberately assaults a person to avoid arrest, commit offence or escape
Assault with weapon
Uses a weapon to assault or, has a weapon during an assault, showing an intent to use it
Strangulation or suffocation
Hands around victims neck or forcing victims head into pillow.
Injury with intent
Punches or kicks intending to and causing injury, such as broken jaw or concussion
Wounding
With intent to wound
With intent to injure
Section 48, Crimes Act 1961
Allows anyone to use as much force as reasonable in defence of himself or herself or another person
Section 39, Crimes Act 1961
Gives a constable or another person the power to use force in making an arrest
Section 40, Crimes Act 1961
Gives authority for police to use force to stop a person escaping
Section 42, Crimes Act 1961
Allows anyone to use reasonable force to prevent a breach of the peace
Section 62, Crimes Act 1961
Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess
