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Offence > OF01: Assault > Flashcards

OF01: Assault Flashcards

1
Q

Elements of assault

A

Assaults

Another person

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2
Q

Intentionally applying force indirectly

A

Force is not applied directly to the victim (pushing B off ladder and B lands on the floor)

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3
Q

what is an example of Intentionally Applying force directly?

A

Punching someone in the face

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4
Q

Intentionally attempts force directly

A

Punches someone but misses

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5
Q

Intentionally attempts force indirectly

A

Pushing a chair when someone is about to sit down but they don’t fall

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6
Q

Doctrine Transferred malice

A

A hits B but misses and hits C

Assault on B and C

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7
Q

Implies consent

A

Touching, hugging, kissing, sports game

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8
Q

Conditional assault

A

Offender commanding another person to do something or offender will do something to them.
I will smash you if you step over the line

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9
Q

Crimes act 1961 section 39

A

When an officer is making an arrest and the offender refuses to cooperate

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10
Q

Crimes act 1961 section 42

A

Preventing a breach of peace where property or people are in danger

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11
Q

Crimes act 1961 section 40

A

Arresting someone but they try running away

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12
Q

Crimes act 1961 section 48

A

Defending another person or yourself.

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13
Q 
Penalty for strangulation or suffocation
Section 189(a)
A

Imprisonment not exceeding 7 years

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14
Q

Penalty for an assault on police, prison, traffic officer

A

6 months imprisonment and/or $4000

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15
Q

Power of arrest

A

Summary offence act section 39(1)

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16
Q

Threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

A

Rolling up sleeves clenching a fist

17
Q

Elements for assault with weapon

A

Assaults
Another person
Using anything as a weapon

18
Q

3 factors to determine assault charges

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

Offence (13 decks)

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