OF01 Assault

Question 1

What are the elements of assault?

Answer 1

Assaults

Another person

Question 2

Assaults; proven by

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

Another person; proven by

Answer 3

It has to be another person other than the offender.

Question 4

What are the four types of assault?

Answer 4

Direct

Indirect

Conditional

Doctrine of transferred malice

Question 5

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

Answer 5

Intent

Weapons or degree of force

Injury received

Question 6

What is strangulation and suffocation?

Answer 6

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 7

What does Section 10 cover?

Answer 7

Specific Assault Offences:
Section 10 of the Summary Offences Act 1981 applies to situations where the victim of an assault is a constable, traffic officer or prison officer

Question 8

What is Consent to assault?

Answer 8

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 9

What is asphyxia?

Answer 9

• asphyxia 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 suffocation?

Answer 10

• “suffocation” produced by blocking the nose and/or the mouth.

Question 11

What is section 42 Of Crimes Act 1961? (42- 2 fingers up is peace)

Answer 11

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

Question 12

What is section 39 of Crimes Act 1961? (39- 3 looks like cuffs)

Answer 12

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

Question 13

What is section 40 of Crimes Act 1961? (40- 0 looks like a tunnel)

Answer 13

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

Question 14

What is section 62 of Crimes Act 1961? (62 in the pooh)

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.

Question 15

What is section 48 of Crimes Act 1961? (48 save a mate)

Answer 15

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

The force used in all of the above circumstances must be reasonable. If the force was excessive in the circumstances, the person could be charged with assault.

Question 16

What is section 41 in Crimes Act 1961? (41- 1 looks like a noose)

Answer 16

Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he or she believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.

Question 17

What are the elements for assault on Police?

Answer 17

Assaults

A Constable

In the lawful execution of their duty