OF01 Assault Flashcards

1
Q

Offence Common assault is found in?

A

Section 9 of the Summary Offences Act 1981 and;

Section 196 of the Crimes Act 1961

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2
Q

What are the elements of assault?

A

Assaults

Another Person

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3
Q

What is Direct Assault?

A

deliberate punch in the face

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4
Q

What is inderect assault?

A

pulling a chair away as someone is

about to sit on it

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5
Q

What is conditional assault?

A

‘Step over that line and I will punch

you in the face’

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6
Q

What is Transfered Malice?

A

A went to punch B in the face, B

ducked and A hit C in the face instead.

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7
Q

What 3 factors must be considered when deciding on the type of assault charge?

A

Intent
Weapons or degree of force
Injuries recieved

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8
Q

Section 59 Crimes Act 1961

A

Parental Control

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9
Q

Elements of assault with a weapon?

A

Assaults
Another person
Using anything as a weapon

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10
Q

Section 39 Crimes act 1961

A

Force used in executing process or in arrest

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11
Q

Section 40 Crimes Act 1961?.

A

Preventing escape or rescue

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12
Q

Section 42 Crimes Act 1961

A

Preventing breach of the peace

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13
Q

Section 48 Crimes Act 1961?

A

Self defence and defence on another

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14
Q

Section 62 Crimes act 1961?

A

Excess of force

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15
Q

Section 189A Crimes Act 1961?

A

Strangulation or Suffocation

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16
Q

Define Asphyxia strangulation

A

Closer of blood vessels or air passages in neck by use of external force

17
Q

Define suffocation strangulation

A

Blocking nose and/or mouth

18
Q

Define implied consent

A

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.

19
Q

Definition of assault

A

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

20
Q

Section 10 Summary Offences

A

Assault on a police,prison or traffic officer

21
Q

Penalty for Common assault Summary Offences

A

6 months/$4000

22
Q

Penalty for common assault crimes act

A

1 year