OF01 Assault Flashcards
What are the elements of assault?
- Assaults
- another person
What are the Acts and Sections for assault and what is the difference between them.
Summary Offences Act 1981 Section 9
Crimes Act 1961 Section 196
The penalty -
SOA1981 - 6 months imprisonment and $4000 fine
CA1961 - 1 year imprisonment
What are the elements of assault with a weapon S202C(a) CA1961?
- Assaults
- Another person
- Using anything as a weapon
A weapon can be an object of any sort, whether animate or inanimate.
What are the elements of assault with a weapon S202C(b) CA1961?
- While assaulting any person
- Has anything with him/her
- In circumstances that prima facie show an intent to use it as a weapon.
The object must be either on the offender or reasonably available to them.
The circumstances must be sufficient to show an intention to use the object as a weapon.
What is the definition of Assaults?
The act of intentionally applying, or attempting to apply force to another person, whether directly or indirectly,
OR
threatening by any act or gesture to apply such force to another person if the person making the threat has or causes the other to believe on reasonable grounds that he or she has the present ability to effect his/her purpose.
What is the penalty for Common Assault SOA1981 Section 9?
6 months imprisonment or $4000 fine
What is the penalty for Common Assault CA1961 S196?
1 year imprisonment
What are the 4 ways of applying or threatening force?
Direct Assault - a direct application of force to an intended target.
Indirect Assault - assault without a direct application of force, to an intended target.
Conditional Assault - A threat of assault with conditions.
Transferred Malice - A direct application of force to the not intended target.
What are the three factors to consider when deciding on the type of assault charge?
Intent - what was the offenders intent when applying force? Scare? Injure? Kill?
Weapons used or degree of force -
Was the assault a mere slap in the face or was a weapon used?
Injuries received - did the victim sustain injury? We’re they injured? Wounded? Killed?
S189A CA1961
(a) blocking a persons nose and/or mouth.
(b) applying pressure on or to somebody’s throat and/or neck.
What is the difference between Asphyxia and Strangulation?
Asphyxia is blockage or blood and/oxygen as a result of direct force on the neck or throat.
Strangulation is a lack of oxygen as a result of covering airways.
What is implied consent?
Consent which is not verbalised but implied, with the right person, such as shaking hands, a hug, a kiss.
