OF01 Assault

Question 1

What are the elements of assault?

Answer 1

Assaults

Another person

Question 2

What are the three ways of applying, attempting to apply or threatening force, with explanations.

Answer 2

1. Direct - the direct application of force on another person.
2. Indirect - Force is not applied directly to the victim.
3. Conditional - told the assault will or will not be carried out if a condition is met.

Question 3

Explain transfer of malice.

Answer 3

When the necessary mens rea (intent) and actus reus (act) is present then the defendant is still liable if the victim differs from the intended victim.

Question 4

What are the three factors that are considered when deciding on what type of assault charge to proceed with?

Answer 4

1. The intent (scare, injure or kill)
2. Weapons or degree of force used
3. The injury the victim received.

Question 5

What is the definition of strangulation?

Answer 5

Recklessly or intentionally impedes another person’s normal breathing, blood circulation, or both.

Question 6

What are the two acts of strangulation?

Answer 6

1. • Asphyxiation: Applying pressure on, or to, another persons neck or throat, or both
2. • Suffocation: Blocking another person’s nose, mouth, or both.

Question 7

What does Section 59 of the Crimes Act 1961 refer to?

Answer 7

Parental control - parents have the right to use force on a child to minimize or prevent harmful, disruptive, offensive or criminal behaviour and to carry out normal parental duties.

Question 8

What is considered assault on a child and not covered under section 59 of the Crimes Act 1961?

Answer 8

Force used on a child for punishment or correction.

Question 9

What does section 39 of the Crimes Act 1961 cover?

Answer 9

Allows force to be used for a constable or anyone placing someone under arrest.

Question 10

What does section 40 of the crimes act 1961 cover?

Answer 10

Allows force to be used when preventing an escape.

Question 11

What does section 42 of the crimes act 1961 cover?

Answer 11

Allows force to be used when preventing a breach of peace.

Question 12

What does section 48 of the crimes act 1961 cover?

Answer 12

Allows reasonable force to be used in self defence or the defence of others.

Question 13

What does section 62 of the crimes Act 1961 cover?

Answer 13

Anyone authorized by law to use force is liable for any excess.

Question 14

What is implied consent?

Answer 14

Everyday human normal interactions where the application of force is accepted and welcomed, you cannot comply to assault. Willing participants.

Question 15

What two additional elements are present with assault with weapon?

Answer 15

1. Has anything with him/her - must be on the person or reasonably available to them.
2. Using anything as a weapon - must be sufficient intent to use the object as a weapon.

Question 16

What are components of Assault?

Answer 16

Acts 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 to believe on reasonable grounds that they have, the present ability to effect their purpose.

Question 17

Explain Mens Rea.

Answer 17

Mens Rea is the intent or “guilty mind”.

Question 18

Explain Actus Reus.

Answer 18

Actus Reus is the physical act or a “guilty act”.