OF01 Assault

Question 1

What are the elements for Common Assault?

Answer 1

• Assaults,

- Another person

Question 2

Define

• Assaults

Answer 2

• 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 3

Define

Another person

Answer 3

• It has to be another person other than the offender

Question 4

What are the 4 types of assaults?

Answer 4

Direct, Indirect, Conditional, Doctrine of Transferred Malice

Question 5

What is consent to assault?

Answer 5

In everyday life, technical assaults are committed through such acts as:

• Touching a person on the shoulder.
• Shaking hands.
• Acts of affection, such as a kiss or a hug.

These acts have an implied consent.

Question 6

What are the 3 factors we consider when choosing which charge to use?

Answer 6

• Intent
• Weapons or degree of force used
• Injury received

Question 7

What is strangulation and suffocation

Answer 7

Intentionally or recklessly impedes another person’s normal breathing, blood circulation, or both, by doing (manually, or using any aid) all or any of the following:

(a) blocking that other person’s nose, mouth, or both:
(b) applying pressure on, or to, that other person’s throat, neck, or both.

Question 8

The offence covers both “strangulation” by asphyxia and suffocation.

Define Suffocation

Answer 8

Suffocation is produced by blocking the nose and/or the mouth

Question 9

The offence covers both “strangulation” by asphyxia and suffocation.

Define Asphyxia

Answer 9

Asphyxia is characterised by closure of the blood vessels or air passages of the neck as a result of external force on the neck”

Question 10

What is Section 39, Crimes Act 1961

Answer 10

Gives a constable or other person the power to use force in making an arrest.

Question 11

What is Section 40, Crimes Act 1961

Answer 11

Gives authority for police to use force to stop a person escaping

Question 12

What is Section 42, Crimes Act 1961

Answer 12

Allows anyone to use reasonable force to prevent a breach of the peace.

Question 13

What is Section 48, Crimes Act 1961

Answer 13

Allows anyone to use as much force as is reasonable in defence of himself or herself or another person.

Question 14

What is Section 62, Crimes Act 1961

62 in the poo

Answer 14

Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.