OF01 - Assault Flashcards
1
Q
What are the elements of “Assault”?
A
- Assaults
* Another person
2
Q
What are the two legislations for the offence of “Common Assault”?
A
- Section 9 Summary Offences Act 1981
* Section 196 Crimes Act 1961
3
Q
What is the difference between the two legislations for “Common Assault”?
A
The difference between the two is the penalty:
- 6months imprisonment & $4,000 fine under the Summary Offences Act 1981
- 1 year imprisonment under the Crimes Act 1961
4
Q
What is the definition for “assault”?
A
The act of intentionally applying or attempting to apply force to another person, directly or indirectly or threatening by any act or gesture to apply force to another person, if the person making the threat has, or causes the other person to believe on reasonable grounds that he has, the present ability to effect his purpose.
5
Q
What the different types of “assault”?
A
- Direct Assault
- Indirect Assault
- Conditional Assault
- Transferred Malice
6
Q
What are the three factors you need to consider when deciding the assault charge?
A
- Intent?
- Weapons or Degree of Force?
- Injuries Received?
