OF01 Assault Flashcards
Offence Common assault is found in?
Section 9 of the Summary Offences Act 1981 and;
Section 196 of the Crimes Act 1961
What are the elements of assault?
Assaults
Another Person
What is Direct Assault?
deliberate punch in the face
What is inderect assault?
pulling a chair away as someone is
about to sit on it
What is conditional assault?
‘Step over that line and I will punch
you in the face’
What is Transfered Malice?
A went to punch B in the face, B
ducked and A hit C in the face instead.
What 3 factors must be considered when deciding on the type of assault charge?
Intent
Weapons or degree of force
Injuries recieved
Section 59 Crimes Act 1961
Parental Control
Elements of assault with a weapon?
Assaults
Another person
Using anything as a weapon
Section 39 Crimes act 1961
Force used in executing process or in arrest
Section 40 Crimes Act 1961?.
Preventing escape or rescue
Section 42 Crimes Act 1961
Preventing breach of the peace
Section 48 Crimes Act 1961?
Self defence and defence on another
Section 62 Crimes act 1961?
Excess of force
Section 189A Crimes Act 1961?
Strangulation or Suffocation
Define Asphyxia strangulation
Closer of blood vessels or air passages in neck by use of external force
Define suffocation strangulation
Blocking nose and/or mouth
Define implied consent
In everyday life, technical assaults are committed through such acts as, touching a
person on the shoulder, shaking hands or a hug or a kiss. Although permission is not
verbally expressed with the right person there is an implied consent.
Definition of assault
assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or 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 person to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning
Section 10 Summary Offences
Assault on a police,prison or traffic officer
Penalty for Common assault Summary Offences
6 months/$4000
Penalty for common assault crimes act
1 year
