OF01: Assault

Question 1

What are the elements for Common Assault?

Answer 1

• Assaults

- Another person

Question 2

What is the definition of ‘Assault’?

Answer 2

The act of intentionally applying, or attempting to apply, force to another person, directly or indirectly,
OR
threatening by act or gesture to apply such force to another person,
where the person making the threat has, or causes the other person to believe on reasonable believe he has, the present ability to affect his purpose.

Question 3

What are the two acts and sections that Common Assault is found under?

Answer 3

• section 9 Summary offences Act 1981 : 6 months/$4000

- s196 Crimes Act 1961 : 1 year

Question 4

Tom is out on the town and sees his ex with a new guy Billy. Tom gets annoyed and goes over to Billy and starts hitting him. Billy fends him off and pushes him away, telling Tom to leave which he does but keeps following them. Police arrive and talk to both Tom and Billy, and Billy tells them he only has a sore shoulder and a cut lip.
What is the most appropriate charge for Tom:
1/ Common assault under the Summary Offences Act 1981, or Common Assault under the Crimes Act 1961?

Answer 4

Common Assault under the Summary Offences Act as there was only minor injuries.

Question 5

What is implied consent?

Answer 5

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

• kissing
• handshake
• touching someones shoulder

These acts have an implied consent

however a person cannot consent to criminal assault, that is, an assault committed by a person with intent to harm or hurt the victim

Question 6

What is the doctrine of transferred malice?

Answer 6

Under this a defendant will be liable for an offence if they have the necessary mens rea and commits the actus reus even if the victim is different from the one intended

Question 7

Tom got angry at his friend Paul and grabs a rock and throws it at his car. The rock misses the car and hits Ben in the shoulder. Tom didn’t have the mens rea for assault, but for for wilfull damage, . Can Tom be charged with assault?

Answer 7

No, intent cannot be transferred if he has the mens rea for a different offence from that which he commits